ORDER :

1. Heard.

2. The instant petition is for release of the amount of Rs.5 Lakhs against the insurance claim in lieu of the compensation to the petitioner on account of the fact that the petitioner while performing his duties in Bomb Detection & Disposal Squad suffered injuries because of land mine blast on 15.02.2007. Therefore, as per the Memorandum of Understanding (MoU) of the State Government with the National Insurance Company Limited, the petitioner since has suffered the permanent disability to the extent of 45% of his leg resulting into complete inability to perform the vocation, was entitled to get the claim of Rs.5 Lakhs.

3. Learned counsel for the petitioner would submit that the petitioner was discharging his duties in the combing operation at forest and at that time of incident he stepped over a pressure bomb at Dantewada as a result he sustained grievous injuries on his right leg and elbow, and became unconscious. She would further submit that subsequently he was hospitalized and was treated at the end of recovery disability to the extent of 45% was assessed by the medical officers. She would further submit that since the job was hazardous as such the State Government to protect and encourage the employee in the like situation, entered into a Memorandum of Understanding (MoU) with the insurance company. The said MoU was effective in the State of Chhattisgarh for naxallite related violence and as per the policy in case of loss of limb, eye or ear he was to be given an assured sum of Rs.5 Lakhs in which the petitioner falls. It is stated that the Director General of Police and the authorities recommended for release of the said amount of Rs.5 Lakhs by repeated letters but eventually the said amount was not paid by the insurance company. The legal notice by the counsel was also sent but it was unresponded, therefore, eventually this petition has been filed. Reference is also made to the law laid down by the Supreme Court in the case of Chanappa Nagappa Muchalagoda V. Divisional Manager, New India Insurance Company Limited {AIR 2020 SC 166} to draw an analogy that the loss of body part would have a nexus with the vocation and the loss of limb herein in this case has rendered the petitioner incapable to perform the same job in future uptill he retired besides the mental and physical agony. Therefore, the National Insurance Company be directed to release the amount of Rs.5 Lakhs as per the terms and conditions of the policy.

4. According to the State, the petitioner was an ex-service man before being superannuated and worked as Sub-Inspector in CRPF and while he was posted in District Dantewada, Camp Aranpur which is a Naxallite area of district Dantewada. On 15.02.2007 a patrolling party proceeded for area domination and searching and when they were returning back to the camp Aranpur, a pressure bomb exploded and the petitioner, who was working under the Bomb Disposal Squad, was injured and the pressure bomb was dug out after search and a report to this effect was registered as F.I.R. No.0/2007 dated 05.02.2007 at P.S. Camp Aranpur District Dantewada. As per the State in order to boost the moral of the employees/officers deployed in naxallite area a policy decision was taken and therefore, a MoU was entered in between the State of Chhattisgarh and National Insurance Company and while the incident happened in view of the MoU which was in operation and clause 8 thereof purports that after submission of the relevant claim documents, the claim would be settled as early as possible within one month.

5. It is further submitted by the State that upon the injured petitioner making a claim before the State authorities, the letter was first sent to the Divisional Manager on 02.04.2011 along with all relevant documents i.e. the claim of the injured petitioner, copy of the F.I.R., copies of the medical certificates etc. but