NATIONAL INSURANCE COMPANY LTD. Vs. PROMILA DEVI

JUDGEMENT

(1.) PRESIDENT "In terms of the order dated 24.10.2006 record has been produced by Shri Atri. We have perused the same and have returned it to him. Admitted facts of this case are that as per directions issued by the State of H.P. on 28.12.1999 and pursuant those contained in the letter of Financial Commissioner -cum -Secretary (Finance) to the Government of Himachal Pradesh No. Fin -IF(F) 9 -1/96 dated 28.12.1999, and also as per letter No. Bud. 2 -90/98 -99"386 -426, dated 20.4.2000 of the Comptroller of respondent No. 4 Annexure C -1, Comptroller has asked all the authorities of said respondent to implement the introduction of Indexed Group Personal Accident Insurance Scheme, for regular, ad hoc, contractual part -time and daily wages employees of State Government, Departments, Boards, Corporations and Universities on Compulsory Basis. One clause of the instructions reads as under: In order to implement this scheme, the premium @ Rs. 40/ - p.a. per employee will be deducted from the salary bills for the month of April, 2000 paid in May, 2000 and the amount so deducted will be remitted to the National Insurance Co. Ltd., Solan by Accounts Branch in respect of ad hoc employees and each department will collect premium at the time of making payments of MRs in May every year and will remit the amount along with list of daily wages latest by 10th May to the Accounts Branch of Comptroller Office. The list of employees will be prepared on the following format.

(2.) AT this stage Shri Atri brought to our notice a letter dated 15.3.2000, Annexure R -5 whereby Government had decided to extend the operation of receipt Head, -0236 -60 -105 -01 for a further period of two months as stipulated in para -6 enabling the department to cover all employees in the scheme. Thus, this Head was to remain operative up to 28.5.2000.

(3.) LATE , Shri Devi Chand deceased predecessor of respondent Nos. 1 to 3 was admittedly a driver of respondent No. 4. He died on 28.5.2000, whereas premium as per above instructions was deducted out of his salary by respondent No. 4. It appears that after the amount collected by respondent No. 4 was sent to the appellant policy was issued which became effective from 31.5.2002. With this policy list of the employees covered under it was attached.