STATE INSURANCE AND GPF DEPARTMENT Vs. MOHINI VIJAY

JUDGEMENT

(1.) This is opposite party's appeal from the order dated 23.10.1999 whereby District Forum, Sawai Madhopur allowed respondent's Complaint No.164 of 1998 and directed the appellant to pay to the respondent the assured sum of Rs.2 lakhs in respect to the death of her husband, caused as a result of an injury sustained by him in an accident.

(2.) Relevant facts are these: late Shri Badri Narain Vijay, was a Govt. servant posted at the relevant time as an Accountant at the Govt. Hospital at Sawai Madhopur. As a Govt. servant, he was covered under the Group Personal Accident Insurance Scheme of the State Government. Under the said scheme, the insured were entitled to varying amounts for injuries, causing loss of or damage to the specified parts of their bodies, sustained in or by an accident. In the event of death of the insured caused by such injury the nominee was entitled to get Rs.2 lakhs as assured amount. Smt. Mohini Devi Vijay, the respondent, was the nominee of late Shri Badri Narain Vijay in the policy issued by the appellant to him under the scheme, referred to above.

(3.) While alighting the bus on 10.4.1996 at about 9.20 a. m. , Shri Badri Narain Vijay, the insured, got his great toe of the right foot injured by a nail in the exit. The injury led to his admission to the General Hospital at Sawai Madhopur on 29.4.1996. He was operated upon for his said injury on 4.5.1996 and his great toe along with two adjoining toes were amputated. He was discharged from the Hospital on 5.5.1996. He was, however, referred to S. M. S. (Govt.) Hospital at Jaipur for treatment of gangrene of toes. At S. M. S. Hospital, Jaipur he was treated for gangrene of toes during he period from 30.6.1996 to 15.7.1996. Since he was a diabetic patient suffering from hypertension also, he was treated for those diseases and of the ulcer of foot as well during the aforesaid period.