- (1.) THIS writ petition challenges the action of the New India Insurance Company, rejecting the claim of the petitioner under the Farmers Accident Insurance Scheme (hereinafter referred to as the Scheme ).
(2.) THE petitioner claims that her husband died because of the snake bite. Para 3 of the Scheme provides that if a recorded tenure-holder farmer dies because of any accident i. e. if the death takes place by accident of motor vehicles, tractor trolley or for any reason as given therein or by any other accident, his heir would be entitled to the sum prescribed under the scheme. THE claim has to be lodged alongwith the documents prescribed for the purpose. THE scheme says that the claim should be supported by the extract of Khatauni, post-mortem report Panchnama and the Pariwar Register, which documents be submitted through the Lekhpal to the District Magistrale. THE responsibility to furnish these docu ments lies upon the claimant, who claims the benefit. In the instant case, the petitioner had lodged a claim through the Lekhpal to the District Magistrate saying that death of her husband has occurred because of the snake bite and therefore, she is entitled to the amount prescribed. Alongwith the said claim she has also filed Panchnama confirming the aforesaid fact. The claim of the petitioner was recommended by the Tehsildar which was further recommended by the C. E. O. and has been forwarded by the District Magistrate to the Company. The Company however refused the claim on the ground that the petitioner has not submitted the post- mortem report. The opportunity was also afforded to the petitioner to file the same with in a particular period but the peti tioner failed to do so. The argument of the learned Counsel for the petitioner is that since the panchnama has been furnished, therefore, there was no requirement to furnish post-mortem report and since autopsy was not done, therefore, there was no occasion for the petitioner to submit any post-mortem report nor there is any such reauirement.
(3.) THE learned Counsel for the Assurance Company submits that in view of agreement entered into between the Government of Uttar Pradesh and the New India Assurance Company Ltd. forinsuring registered farmers under Group Personal Accident Policy, the necessary conditions have been prescribed, under which claim can be accepted. In clause 4 of the said agreement it has been provided that necessary documents would be required to establish the cause of death, but the postmortem report will not be insisted upon where body is irrecoverable due to flood. Also, in case of drowning and snakebite, FSL CA report will not be insisted upon to establish the cause of death. Disablement, to the extent mentioned in the benefit table, caused due to an accident defined above, shall be covered. THE policy covers accidental death and disability arising of an accident only, as elaborated in the policy document In clause 21 of the said agreement it has been laid down that in case of inconsistency between the provision of this agreement and the provisions of GPA policy document, the provisions of this agreement shall prevail over the provisions of GPA Policy Document.;