Ajmero vs State of Haryana

Ritu Bahri, J.—Challenge in this petition is to the order dated 19.05.2011 (Annexure P-1), whereby the claim of the petitioner for compensation under the Rajiv Gandhi Parivar Beema Yojna has been declined. Husband of the petitioner namely Narang Singh, died in a motor vehicular accident on 02.09.2009. In this regard, FIR No. 45 dated 02.09.2009 u/s 279, 337, 338 and 304 IPC, Police Station Naggal, District Ambala (Annexure P-2) was registered against the driver of the offending vehicle. As per the postmortem report dated 03.09.2009 (Annexure P-3), the remarks given by the Medical Officer are as under:-

The cause of death of Narang Singh is due to shock and hemorrhage as a result of crush injury at right lower limb, which is sufficient to cause death in ordinary course of nature and is ante mortem in nature.

Death certificate of husband of the petitioner is attached as Annexure P-4). The petitioner made an application for grant of benefit under the above stated scheme, which was recommended by the Sub Divisional Officer (C), Ambala-respondent No. 4 to the District Social Welfare Officer, Ambala-respondent No. 3 vide letter dated 18.05.2010 (Annexure P-6).

On notice, reply has been filed on behalf of respondent Nos. 1 to 4, stating therein that as per Clause 5(H) of the notification under Rajiv Gandhi Parivar Bima Yojna (Annexure R-1), the application for compensation was to be made within a period of six months from the date of death of the deceased. The petitioner had made an application on 19.04.2010 after the expiry of six months from the date of death i.e. 02.09.2009. The claim was rejected by the Deputy Commissioner, Ambala vide letter (Annexure R-2) on the ground that it was beyond the period of six months.

In the written statement the respondents are not disputing that husband of the petitioner had died in a road accident and that all the necessary documents were sent by the Sub Divisional Officer, Ambala while recommending her case. The only ground for rejection is that she had made this application after the expiry of six months.

In these circumstances, this Court is of the view that the petitioner is an illiterate lady, therefore, she could not approach the authorities well within the time to receive the benefit under the Rajiv Gandhi Parivar Bima Yojna (Annexure R-1). Accordingly, the order 19.05.2011 (Annexure P-1) is set aside and a direction is given to respondent No. 3 to immediately recommend the case of the petitioner for grant of aforesaid benefit under the Rajiv Gandhi Parivar Bima Yojna within a period of two weeks from the date of receipt of certified copy of this Court and send compliance report thereof to this Court. The respondent-State is also burdened with costs of Rs. 15,000/- which shall be paid to the petitioner.

Petition stands allowed accordingly.