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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 :
VIJU ABRAHAM, J.
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.
2. The petitioner is the widow of Pioneer (Sepoy) Mohandas K.N. of the General Reserve Engineer Force, who died while in service due to cardio-pulmonary arrest. The petitioner has approached this Court aggrieved by the non-sanctioning of ex gratia lump sum compensation as provided under the Liberalised Scheme of payment of ex gratia lump sum compensation to families of Central Government Civilian employees, who die in harness. The petitioner's husband was working in the General Reserve Engineer Force under the Ministry of Defence, which is also known as Border Roads Organisation and he had 27 years of servi
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.
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