CENTRAL COALFIELDS LIMITED Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is preferred against the order dated 19.8.2013 passed in W.P (S) No.930/2013, whereby the learned Single Judge dismissed the writ petition directing the appellant to file civil suit for realization of the amount paid to the dependents of late Neolal Bedia.

(2.) Brief facts:- The appellant-company is a registered company under the Companies Act. Respondent no.2 is the daughter-in-law of late Neolal Bedia, who was working under the appellant-company and died on 20.3.2003 in an accident. Late Neolal Bedia was an employee under the appellantcompany designated as Fan Khalasi. For the year 2002-03, a Memorandum of Understanding regarding Group Personal Accident Insurance Scheme (GPAIS) was signed between the appellant-company and the respondent-Oriental Insurance Company Ltd., Ranchi, for the period of one year commencing from 31.3.2002 and expiring on 30.3.2003. The Memorandum of Understanding (MoU) provided for payment of insured amount of Rs.5 lacs to the dependent of policy holder in the event of accidental death.

(3.) Late Neolal Bedia died on 20.3.2003 and his dependents filed GPAIS claim before the appellant-company. By letter dated 5.3.2005, the appellant-company had forwarded the same to the respondent-Insurance Company, stating that the required documents would further be forwarded on receipt of the same from the area concerned. Thereafter the insurance claim in respect of late Neolal Bedia was forwarded by the appellant-company, vide letter dated 29.7.2005. The respondent-Insurance Company, vide letter dated 27.3.2006 followed by another letter dated 8.12.2006, required certain documents to be furnished to them. In compliance of the aforesaid letters, the appellant-company had forwarded documents requesting to settle the claim within one month as per the MoU. The respondent-Insurance Company, vide letter dated 27.12.2006, rejected the insurance claim in respect of late Neolal Bedia on the ground that the claim has been intimated after three months of the accident.