STATE OF U.P. Vs. MEERA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 20.8.2008 of the District Consumer Forum, Lalitpur whereby the complaint of the respondents Smt. Meera and others was allowed with a direction to the State Government to pay a sum of Rs. 2,00,000 in accordance with the terms and conditions of its agreement with the Insurance Company. While issuing the mandate, a default clause was also incorporated whereby it was postulated that in case the payment was not made within two months, interest @ 12% per annum would be payable. The complaint case, as pleaded by the complainants, was that late Sri Ram Charan a Homeguard, the husband of Smt. Meera and the father of the other complainants was deputed for an election duty from 22.4.2004 to 11.5.2004 and during this period he was asked to be present at the Police Chowki, Nai Basti of Lalitpur district. Sri Ram Charan was found dead in the morning of May 9, 2004. The Government paid to his family members from Homeguard Welfare Fund a sum of Rs. 50,000 but the family members of the late Homeguard were not satisfied with the said meagre financial aid, therefore, they had filed their complaint for recovery of Rs. 2,50,000 as the insurance amount on account of late Sri Ram Charan being killed on election duty.

(2.) THE Insurance Company was not impleadcd in the array of opposite parties. However, the Government contested the complaint on the ground that the cause of death of Sri Ram Charan could not be known, therefore, the complainants were not entitled for the insurance claim, although it was not disputed that Sri Ram Charan was on duty during elections.

(3.) THE I.C.I.C.I. Lombard General Insurance Company had entered into an agreement with the Government to pay the insurance claim in respect of the accidental death which could have taken place during elections provided such death was the direct result of violence.