MOST. KIRAN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the Learned Counsel for the petitioner and the Learned Counsel for the respondents. The petitioner who is the widow of the deceased Constable is before this Court seeking payment of compensation. It is her case that her husband on 5.2.2000 had been deputed for duty in the Bihar State Assembly Elections. While he was proceeding to join duty at Muzaffarpur from Sitamarhi on that date he met with an accident at the Sitamarhi Railway Station and died. That formal orders for his deputation on duty at Muzaffarpur for elections had already been issued. That the petitioner was an illiterate and rustic lady and having no knowledge of legal procedure with liability of children and therefore could not come to this Court in time.

(2.) COUNTER affidavits have been filed and the prayer has been opposed.

(3.) THE issue sought to be urged on behalf of the respondents as to whether the petitioner was on election duty or not looses much of its relevance in view of the police report filed in pursuance of the investigation done in the U.D. Case No. 3 of 2000. Though the writ petition is completely wanting on basic facts with regard to the insurance policy taken out by the State Government for employees deputed for election purpose at the relevant time, this Court has the benefit of judgement of this Court reported in : 2002 (2) BLJR 1522 : 2002 (3) PLJR 450 (Kamlawati Devi vs. State of Bihar and Others), on the issue. It has been noticed in Para 14 of the aforesaid judgment that a memo of understanding was signed between the State Government and the Insurance Company for the purpose of election in the year 2000 when employees of the State Government drafted for election purpose were provided with a Group Personal Accident Insurance Cover for which Memorandum of Understanding was signed by the Chief Electoral Officer, Bihar and the representatives of four Insurance Companies on 9.2.2000. The relevant Clause of the insurance cover reads as follows: -