STATE INSURANCE Vs. BHAROSI BAI

JUDGEMENT

(1.) Heard. LATE Sh. Prahlad Meena, the deceased insured, was in the employment of the State Government as a builder and at the relevant time was working with the Flood Control Cell of the Public Works Deptt. at Atru, Distt. Baran. As a Government servant he was covered by the Group Insurance policy whereunder on the death of the insured dying, inter alia, by snake bite, the nominee of the insured was entitled to a sum of Rs.2 lakhs under the policy. It is alleged that on 24.7.1998 when the deceased was on his duty at the flood control cell, a snake bit him around 3.00 p. m. whereupon he was immediately removed to the public health centre at Atru. But he died within 15 minutes of his arrival at the hospital. The respondent, Smt. Bharosi Bai, his nominee under the said policy, filed her claim. The claim filed by her with the appellant was repudiated on the ground that the copies of the FIR and post-mortem examination report were not made available to the concerned authorities of the appellant department. However, on a complaint having been filed by the respondent before the Forum at Baran, her claim was accepted and the appellant was directed to pay the assured sum of Rs.2 lakhs with interest @ 9% p. a. from 1.4.199 and cost of litigation at Rs.1,000/-. Hence this appeal by the appellant.

(2.) The death certificate issued by the concerned doctor at Atru on 28.7.1998 clearly certified that the deceased had been brought to the hospital at 3.15 p. m. in grasping condition on 24.7.1998 and expired at 3.30 p. m. due to "neuroperalysis", as a result of a snake biting. The aforesaid certificate of the concerned doctor, which was not rebutted by any other evidence produced on behalf of the appellant, conclusively established that the deceased had died of snake bite. The Forum has rightly concluded that the appellant had rendered deficient services in not accepting the claim of the respondent.

(3.) In the result, we find no force in this appeal and dismiss it accordingly with cost on parties. Appeal dismissed.