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2008 Supreme(Raj) 1684

VINEET KOTHARI
Kaushalya – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Vijay Aggarwal.Advocate
For the Respondent:Rameshwar Dave, Additional Government Advocate.

JUDGMENT

1. - Heard learned counsel.

2. This petition has been filed aggrieved of the order dated 1.11.1999 whereby the Deputy Director, State Insurance, Jaipur rejected the Insurance Claim No. 139--2000 in respect of Gajendra Singh Chouhan, Cleaner, who died on account of burn injuries on 10.3.1997.

3. According to the petitioner, in an accident which took place on 6.2.1997 when said Shri Gajendra Singh was trying to burn a gas stove, he suffered bum injuries to the extent of 55% and as a result he was admitted in the hospital and while being under the treatment he expired on 10.3.1997.

4. The said person was insured by a group insurance scheme with the respondents for which application Annex-4 was filed by the said person, who was working as a Cleaner in the Ground Water Department, Barmen. The said 154 claim has been rejected on the ground that said person Gajendra Singh was under the influence of liquor at the time of accident on 6.2.1997 and therefore on account of violation of the condition of the said group insurance. Which is reproduced in Annex 3, the said claim could not be accepted. The said condition in clause Vill is quoted below on the basis of which the said claim was r









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