VINOD S. BHARDWAJ
Kamlesh – Appellant
Versus
Chief Administrator, Haryana State Agriculture Marketing Board – Respondent
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 h
Welfare schemes should be broadly construed to fulfill their objectives; evidence-based decisions are needed, avoiding arbitrary rejections.
The rejection of claims under welfare schemes must not be based on narrow interpretations but should consider the substantive relationship between the deceased's activities and their primary source o....
The court established that procedural requirements should not impede justice when substantial evidence supports a claim.
Claim – No claim should be disallowed purely on technical ground or in a mechanical manner; the insurance company should reject the claim only when the insurer finds that it was liable to be rejected....
The court affirmed that injuries from a motor vehicle accident can establish causation for subsequent death, emphasizing the importance of medical evidence linking the two.
There is no reason to doubt about the cause of death as panchnama was executed by Sub-Divisional Magistrate who was called by the police authorities.
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
The court confirmed the nexus between accident-related injuries and subsequent death due to tetanus, holding the insurance company liable for compensation.
The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
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