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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Arjun Yadav S/o Late Fucha Devi – Appellant
Versus
Central Coalfield Limited – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
“A) For quashing the letter dated 30.03.2010 and 04.04.2010 (Ann-7&8) issued by Project Officer, Sawang Washery whereby and where under the claim of the petitioner has been rejected.
B) The Respondents be directed to pay the compensation of Rs. 5 Lacs to the petitioner under Group Personnel Accident claims scheme for the Accident/death of his mother during duty.
C) The Respondents be directed to pay the entire amount of compensation with interest.
D) The Respondents be directed not to treat this petitioner differently and extend the same benefit of compensation as has been given to others under group Personnel Accident claim Scheme.
E) Any other relief or reliefs for which this petitioner is entitled to.”
3. The brief facts of the case as it appears from the pleadings are that the Petitioner’s mother, Fucha Devi, was a Category-II Mazdoor at CCL's Sawang Washery and on 29.05.2007 she met with a fatal accident at the work site and died in harness. Thereafter, her elder son, Banwari Yadav, was provided employment and the petitio
The employer is obligated to ensure employee insurance coverage, and non-deduction of premiums does not negate compensation claims under the Group Personal Accident Insurance Scheme.
The need for documented proof establishing a direct nexus between the accident/injury and the death of the insured employee in insurance claim cases.
The validity of an insurance claim is contingent upon the existence and operation of the insurance coverage at the time of the insured event, as per the terms of the insurance agreement.
Personal Accident Insurance Policy – Surveyor’s report is not the final word if it can be established that it was arbitrary or perverse.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
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