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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Sobhana Mohan, W/o. Late Mohandas K.N. Kavumkal, Erumely, Edakadathy P.O., Kottayam – Appellant
Versus
Union of India, Represented By The Secretary, Ministry Of Defense (Border Roads), Government Of India – Respondent
| Table of Content |
|---|
| 1. claim for ex gratia compensation due to death in service. (Para 1 , 2) |
| 2. conditions for eligibility of ex gratia compensation. (Para 3 , 4) |
| 3. death due to heart attack while on duty. (Para 5 , 6) |
| 4. precedents supporting inclusion of heart attack as a compensable death. (Para 7 , 8 , 9) |
| 5. final determination of eligibility for compensation. (Para 10 , 11) |
JUDGMENT :
The petitioner has approached this Court seeking a direction to consider sanctioning ex gratia lump sum compensation of Rs. 35 lacs to the petitioner as mandated under Ext.P1 to Ext.P2.
3. A detailed counter affidavit has been filed by respondents 1 to 4, wherein it is submitted that ex-gratia lump sum compensation granted as per Exts.P1 and P2 is for employees who die in the performance of their bonafide official duties under the circumstances mentioned therein. It is submitted that in accordance with Govt. of India, Min. of Personnel, Public Grievance & Pensioners (Deptt of Pension & Pensioner's Welfare) OM No.45/55/97-P&PW(C) dated 11.09.1998, amended from time to time and OM No.F No.38/37/2016-P&PW (A) (i) dated 04.08.2016, the amount of ex- gratia lump sum compensation available to the families of Ce
Death due to heart attack while on duty is considered accidental under compensation regulations for government employees, entitling the dependent to benefits.
The court held that a police officer's death due to cardiac issues while on duty in a high altitude area was attributable to service conditions, entitling the widow to Extraordinary Pension and ex-gr....
Entitlement to ex gratia compensation under the Department of Pension & Pensioners' Welfare OM NO. 45/55/97-P&PW (C) and OM No. 38/37/2016-P&PW(A) (I) for death occurring during duty in a hard postin....
The court established that a heart attack occurring during the performance of duty qualifies as an accidental death under the relevant compensation policy.
The court established that a heart attack can be linked to employment stress, qualifying for ex-gratia under Rule 75, but not for special pensionary benefits under Rules 109 and 110.
The court ruled that the deceased was on disaster management duty at the time of the accident, establishing entitlement to Ex-Gratia compensation under the relevant government notification.
Point of law: The view taken is that the concept of the liability under the Act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the ....
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