- (1.) Heard Mr Tripathi B.G. Balak, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) Briefly the facts of the case are described as under:- The petitioner claims herself as wife of Krishna Chandra, who was deputed on election duty during General Election of Parliament in the year 2004. Petitioner's husband was a Government employee working as a Pharmacist at Community Health Center, Amargarh district Pratapgarh. During the course of election duty he was deputed to work as a Presiding Officer of Polling Station No. 152, Kannya Primary School, Chandpur South, Pratapgarh, Vidhan Sabha Kshetra No. 102, Pratapgarh. The State Government by means of Circular dated 19 th April, 2004 informed to all District Election officers about its decision to provide the insurance cover to all the persons being on election duty. The election was to be held in three phases. The date of election of first phase was fixed on 26 th April,2004. In this phase of election the period of insurance cover was indicated as from 23.4.2004 mid night to 27.4.2004 mid night ,i.e, about four days.
(3.) Admittedly, petitioner's husband Krishna Chandra died on 26.4.2004 while he was on election duty. The Deputy District Election Officer, Pratapgarh through his letter dated 5 th august,2004 recommended his case for grant of insurance claim through his wife ( Petitioner ) to the Insurance Company, namely, I.C.I.C.I. Lombard General Insurance Company Ltd., i. e. Opposite Party No.4. However, Insurance Company refused to executed the insurance benefit to the petitioner on the ground that the Policy does not cover the death caused due to other than accident. In turn the Deputy Election Officer, Pratapgarh informed the petitioner that the Insurance Company had declined to extend the insurance benefits to her.;