JUDGMENT

Vinod S. Bhardwaj, J. (Oral)

Challenge in the present writ petition is to the order dated 26.06.2018 (Annexure P-8) and order dated 05.12.2017 (Annexure P-6) whereby the claim of the petitioner for providing special financial assistance under the "Mukhya Mantri Kishan Evam Khetihar Mazdoor Jiwan Suraksha Yojna - 2013" (hereinafter referred to as 'the Scheme of 2013') has been declined for want of Post Mortem Report.

2. The case of the petitioner is that her husband namely Ram Niwas was a farmer and on 28.08.2016 he was bringing fodder for the cattle from his fields when he fell down from the bullock-cart and it ran over his neck. He was admitted to Jindal Hospital, Kaithal, wherefrom he was referred to PGI, Chandigarh. A DDR No.10 dated 28.08.2016 was recorded on the statement of husband of the petitioner at Police Station Sadar, Kaithal, giving details of the incident. He remained admitted in the PGI, however, his condition deteriorated day by day. He was even put on a ventilator till 14.10.2016 however, there was no improvement. Anticipating it to be a hopeless case of recovery, the doctors of PGI discharged the husband of the petitioner on 15.10.2016 (Annexure P-3). The husband of the petitioner passed away on the same day. A copy of the death certificate dated 03.11.2016 regarding the death of Ram Niwas on 15.10.2016 has also been appended as Annexure P-4. An application was thereafter submitted by the petitioner for compensation under Clause 3 Sub Clause (f) of the Scheme of 2013 as per which the petitioner was entitled to compensation of Rs.5 lacs (Rupees Five Lakhs Only) on account of death of her husband. However, the respondents declined her application vide communication dated 05.12.2017 (Annexure P-6) on the ground that the post mortem report had not been submitted.

3. Aggrieved of the aforesaid order, an appeal had been preferred by the petitioner before respondent No.1 however, the said appeal was also dismissed for the same reason vide order dated 26.06.2018 (Annexure P-8). Both the said orders have been impugned in the present petition.

4. A reply on behalf of the respondents has been filed wherein it has been averred that the respondents have full sympathy with the petitioner, however, in order to avail the benefit under the scheme, the terms and conditions thereof have to be satisfied. Clause 8 of the Scheme of 2013 provides for submission of a copy of the DDR as well as the post-mortem- report in the case of death. Since the petitioner failed to submit the post-mortem-report, the claim in question does not satisfy the requirements of the scheme and has been rightly declined by the competent-Authority as well as the Appellate Authority.

5. Learned counsel appearing on behalf of the petitioner has argued that the statement of deceased husband of the petitioner was recorded vide DDR No.10 dated 28.08.2026 at Police Station Sadar, Kaithal. The same reads thus:-

"Stated that I am the resident of the above mentioned address and I am doing the agriculture work. Today, at about 8 A.M., in the morning, I went with bull-cart in the field to bring the fodder and after cutting the fodder from the field and after putting up the same in bull-cart, I was going back to home from the field. The passage was rough (ubad khabad) and the bull in the cart started running instantly and my foot slipped from the cart and due to slip, I fell down from the cart and bull-cart pass over the neck and shoulders of mine. Other passers by take me to my home and then, I was taken to Jindal Hospital for my treatment and thereafter, the Doctor of Jindal hospital referred me to PGI C