Prakash Tatia, J. - (1.) THE petitioner Ex. Constable No. 90171724 was on duty on 18.09.2001 at Jammu & Kashmir. He was driving one BP tractor from BOP Nikowal to BOP Jamunabela on Government duty and at about 10.20 hours, because of blast done by the militants, the petitioner sustained injuries. The petitioner was hospitalised and his both legs were operated. The operation of left leg was successful but as per the petitioner, operation of the right leg was not successful and, thereafter, petitioner was referred to AIIMS, New Delhi, where two major operations were conducted on 07.06.2002 and 06.01.2003. The petitioner was further operated once more on 12.07.2004. Because of this accident, in spite of the treatment, the petitioner became disabled soldier and was placed in low medical category with 54.93% disability. The medical board was constituted on 02.06.2004 and the proceedings of medical board was approved by the DIG, BSF SHQ BSF, Kupwara vide order dt. 21.10.2004, and the petitioner's placing under low medical category stands approved.
(2.) THE petitioner was the member under Seema Prahari Beema Yojana Insurance Scheme and is entitled for the compensation from the Insurance Company in view of the coverage of his risk by the said insurance policy. The BSF had Grouped Personnel Accident Policy with United India Insurance Co. Ltd., since petitioner was entitled for compensation obviously from the employer and in view of the coverage of his risk of the Insurance Company from the respondents Insurance Company who has not been given any benefit then petitioner was approached by filing this writ petition. The petitioner's other contention is that the petitioner is also entitled for Ex Gratia payment which is to be granted by the State Government of Jammu & Kashmir and by the State Government of Rajasthan. The said Ex Gratia payment has not been paid to the petitioner by the respondents. Reply has been filed by the Union of India as well as by the respondents Insurance Company separately. So far as Union of India is concerned, and the contention is that Union of India referred the matter to respondents Insurance Company but the Insurance Company has not paid the compensation to the petitioner. So far as Ex Gratia payment is concerned, the respondents Union of India admitted that whenever it will receive Ex Gratia payment from the State Government of Jammu & Kashmir and State of Rajasthan, the same will be paid to the petitioner immediately.
(3.) THE respondents Insurance Company in reply submitted that in view of the specific condition in the Insurance Policy the claim should have been submitted within 30 days from the date of accident and in this case the claim of the petitioner has been submitted after more than 4 years as accident occurred on 18.09.2001 and claim has been submitted to the respondents Insurance Company in the Year 2005.;