- (1.) Md. Isha, father of the petitioner, who was working as Mining Sardar at Sawang Colliery, has met with a road accident on 04.04.2001 and has died on 14.04.2001. His death was reported to the Central Coalfield Ltd. by his widow Smt. Taslim Khatoon on 19.04.2001. Smt. Taslim Khatoon, widow of Md. Isha, also applied on 16.07.2001 to the C.C.L. for giving appointment to her son namely Shabbir Hussain, the petitioner, on compassionate ground. Accordingly, the appointment was given by the C.C.L. to the petitioner. C.C.L. has forwarded the claim of the compensation to the Insurance Company on account of accidental death of Md. Isha on 09.10.2006 along with all the relevant papers. The Insurance Company vide order dated 27.09.2007 has rejected the claim saying that the death has been reported very late, therefore, the claim could not be entertained. Feeling aggrieved, the petitioner approached to this Court.
(2.) I have heard Mr. Saibal Mitra appearing for the petitioner, Mr. G.C. Jha appearing for the insurance Company and Mr. Ananda Sen appearing for the Central Coalfield Ltd. and carefully perused the records; there is no dispute that the policy under the heading Group Accidental Insurance was provided to the coal India by the Oriental Insurance company for the relevant year i.e. 2001. Premium of Insurance was paid to the Insurance Company by the Coal India after deducting from the salary of the employees.
(3.) It is admitted in the counter affidavit of Shri Manoj Kumar Singh, who is Dy. Manager of the Oriental Insurance Company Limited, that in the policy of the relevant year i.e. 2001, there was no time limit to report the death and to put forward claim to the Insurance Company.;