Rejection of a social welfare insurance claim based on limitation is unsustainable if the delay is caused by the claimant's illiteracy and lack of awareness, provided they are otherwise eligible.

Order

By way of filing the present writ petition, the petitioner has prayed for the following reliefs;-

‘It is, therefore, humbly and respectfully prayed that this writ petition may kindly be allowed and the order dated 02.04.2025 (Annex.2) is liable to be quashed and set aside and the respondent authorities be directed to reconsider my application and decide my claim application.

Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioner.’

2. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the application filed by the petitioner seeking compensation under the Mukhyamantri Ayushman Durghatna Yojna (for short, “the Scheme”) has been rejected by the office of the Project Director, Mukhyamantri Ayushman Durghatna Yojna (State Insurance and Provident Fund Department), Jaipur, on the ground of delay in submission of the claim.

3. This Court further finds that the aforesaid Scheme, run by the State Government, is intended to ensure that families receive insurance cover in the event of death or disability caused due to an accident, including cases of permanent physical disability. The primary object of the Scheme is to provide financial assistance to needy families who suffer unexpected financial loss due to the fatal or disabling accident of a family member.

4. The material available on record prima facie indicates that the petitioner belongs to the lowest strata of society and lacks adequate awareness and knowledge regarding the benefits available under the Scheme. The delay in filing the claim, therefore, does not appear to be intentional, but rather attributable to illiteracy and lack of awareness, despite the petitioner possessing the requisite documents and otherwise fulfilling the eligibility criteria for claiming benefits under the Scheme.

5. In view of the aforesaid discussion, the present writ petition is allowed. The action of the respondents in rejecting the petitioner’s application under the Mukhyamantri Ayushman Durghatna Yojna on the ground of limitation is declared unsustainable in the eyes of law. The competent authority of the respondent Department is directed to process Claim No. CLM1112240058706 dated 11.12.2024 submitted by the petitioner forthwith. In the event the petitioner is found eligible, the financial assistance under the Scheme shall be extended to him strictly in accordance with law, without any further delay.