Aftab Alam, J.

1. Whether the death of the husband of the petitioner, while he was on election duty, can be said to be "resulting solely and directly from accident caused by external violent and any other visible means"? If the answer to this question is found in the affirmative, the petitioner would be entitled to compensation for the death of her husband in terms of the memorandum of understanding executed by the Chief Electoral Officer, Bihar and the different insurance companies; otherwise, she would get nothing from the insurance companies.

2. The petitioner is the widowed wife of one Parshuram Singh who was posted as Health Worker under In-charge Medical Officer, Primary Health Centre, Kuchai Kote in the district of Gopalganj. By an order (Annexure-3) issued by the District Election Officer, Gopalganj, Parshuram Singh was appointed as the second polling officer for booth No. 231 of 26 Baikunthpur Assembly Constituency for the general election held in the year, 2000 for the Bihar Legislative Assembly. Booth No. 231 was set up at the primary school in village Pakha and polling was scheduled to be held there on 22.2.2000. The members of the election party, including Parshuram Singh, arrived at the booth at about 4.30 p.m. on 21.2.2000 and engaged themselves in the election work. Upto this stage the facts are not in dispute but beyond this point the contesting insurance company does not expressly admit the case of the petitioner.

3. According to the petitioners case, at about 6 in the evening Parshuram Singh went to the bank of the river Gandak, flowing by the side of the village, for relieving himself. He came back deeply agitated the frightened and is reported to have told his colleagues that on the bank of the river he encountered some armed miscreants who threatened that anything might happen if the polling team did not help and cooperate with them during the election on the following day. At about 9 p.m. he developed pain in the chest and was sent to the village hospital. On receiving whatever treatment that was possible there, he came back to the school and here he died due to heart failure between mid night and 1 a.m.

4. On a written report submitted by the Presiding Officer, U.D. Case No. 1 of 2000 was instituted at Baikunthpur police station at seven in the morning of 22.2.2000.

5. The doctor who conducted a post-mortem on the body of the deceased did not find any external injury on his person but recorded his opinion regarding the cause of death as follows:

In my view death occurred due to cardio-respiratory failure on account of massive myocardial infraction, heart attack triggered by extreme fear or excitement.

6. The police in its final form stated that the cause of death was heart failure due to extreme fear.

7. After the death of Parshuram Singh, his widowed wife, the present petitioner made a claim for compensation under the Group Personal Insurance Cover in terms of the M.O.U. Her claim was forwarded to the Election Commission which in turn sent it to the insurance company. The insurance company rejected the claim and intimation was given to the petitioner by letter, dated 23.1.2001 issued by the National Insurance Company (Annexure-1). It will be useful to reproduce here the relevant portion of this letter which is as follows:

The cause of death as shown in the post-mortem does not support that the cause of death was due to any bodily injury caused by accident as per the policy conditions.

Mental shock fright or grief as per the policy conditions does not come under the grow view (sic purview) of accident unless it has caused some body injury. (emphasis added)

8. After that the petitioner was left to fend for herself. It is both surprising and sorrowful that Election Commission which had paid close to Rs. 5 crores as premium to the Insurance Companies did not take up the matter with the insurance companies and did not extend any help or co-operation to her even in this litigation.

9. Before proceedi