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Madhya Pradesh High Court · body

2011 DIGILAW 1289 (MP)

Baldev Singh v. State of M. P.

2011-11-14

S.C.SHARMA

body2011
Judgment In the present case, the petitioner is a Tribal and he cannot be blamed for not forwarding the claim in time to the Insurance Company. The policy issued by the Insurance Company has been executed by the Commissioner, Health, State of Madhya Pradesh and it was the duty of the MY Hospital to forward the claim of the petitioner in time. The policy is very much in existence as it has been renewed every year and merely because the claim was not submitted in time, the claim cannot be turned down specially when the Insurance Company has received a premium of Rs.4.00 crores and is receiving premium every year. Not only this, this Court has carefully gone through the death certificate issued by the Municipal Authorities and the Municipal Authorities have issued a death certificate after a lapse of about 1 year. In the State of Madhya Pradesh large number of tribals are illiterate, they are not aware of their rights and therefore it is the duty of the authorities to ensure implementation of the Schemes formulated by the State Government. This Court is of the considered opinion that in the peculiar facts and circumstances of the case the petitioner is certainly entitled for the amount under the Rural Special Contingency Policy. The earlier writ petition was disposed of on 27/8/08 as the petitioner at that point of time has not approached the authorities, however, now the record reveals that the petitioner has approached the authorities and his case cannot be thrown out on the ground of alternative remedy available to the petitioner, and therefore, keeping in view the peculiar facts and circumstances of the case the United India Insurance Co. Ltd., is directed to process the claim of the petitioner as it is an admitted fact that his wife expired on account of pregnancy complications on 19/8/06 and as death certificate is on record, the Insurance Company is directed to release the amount as per the Insurance Policy executed between the State of Madhya Pradesh and the Insurance Company. Not only this, the petitioner shall also be entitled for interest @ 12% p.a., The aforesaid exercise of making payment be concluded within a period of 60 days from the date ,of receipt of certified copy of this order.