- (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, in this writ application, has prayed for quashing the letter dated 31.10.2003, issued by the Respondent No. 4, whereby the petitioner's claim for Group Insurance in the account of her deceased -husband, Mani Ram Mandal was rejected. The petitioner's husband was employed under the Respondent -B.S.L, as a Technical Staff in the Electrical Department, SMS -I on 11.11.2002 and in course, of discharging his duties, he fell down and suffered head injuries as confirmed by the Post -mortem Report. In the opinion of the Doctor, who had conducted the autopsy, the case of death was the head injury, which was ante mortem in nature. As it appears, the Respondent -employer while acknowledging the fact that the deceased -employee had suffered death while discharging his duties, had paid compensation for the premature death. However, the employer going by the statement of the petitioner, as contained in her application, had gained the impression that the deceased had suffered a natural death on account of 'Cardio -Respiratory arrest. Upon such impression, the employer did not forward the mandatory Form 17A to the Insurance Company by way of notice of accident.
(3.) IN the counter affidavit of the Respondent No. 4, the stand taken is that, since the employer did not forward a notice under Section 17 A, the Respondent No. 4 was not under any obligation to pay the Group Insurance amount in the account of the deceased -employee.;