- (1.) It is the case of the petitioner that the petitioner's husband Sawna Oraon was an employee in Central Hospital, Naisarai, a unit of M/s. Central Coalfields Limited as a Security Guard. On the fateful day, i.e. 9-9-2006, the said Sawna Oraon had gone for fishing along with Arjun Gope and Damodar Munda. In course of fishing, Sawna Oraon got drowned and died. Such information on being given, a U.D. case was registered on the statement made by the son of the deceased employee. The Post Mortem Report also suggested that the deceased had died due to drowning.
(2.) Further case is that life of the deceased employee was covered under the Group Personal Accident Policy (GPAF) with M/s. Oriental Insurance Company through the employer and therefore, claim was put in but that was repudiated by the Insurance Company by taking stand that the deceased drowned due to intoxication and as such claim is not covered under the policy. The said order has been challenged to be bad.
(3.) Learned counsel appearing for the petitioner submits that on the basis of the statement made by Arjun Gope and Damodar Munda before the Surveyor of the Insurance Company, claim has been repudiated as they allegedly stated before the Surveyor that before the deceased went for fishing, they had consumed liquor heavily and got drowned as he was under the influence of liquor but the said two persons subsequently made statement on affidavit that they had not stated about the deceased consuming liquor along with them and under this situation, it can never be said that the deceased drowned while he was under the influence of liquor and as such, insurance claim is payable to the petitioner.;