JUDGMENT 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. 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. 3. MR. Lal, learned counsel appearing for the Insurance Company submits that at the initial stage of the enquiry being made by the Surveyor, it came to light from the statement of two persons, namely, Arjun Gope and Damodar Munda that the deceased before being drowned had consumed liquor and hence, under the influence of liquor, the deceased drowned. In such situation, as per the Clause 5(b) of the Personal Accident Policy, the Insurance Company would not be liable to make payment if the accident occurs under the influence of intoxication/liquor or drug. 4. In such situation, as per the Clause 5(b) of the Personal Accident Policy, the Insurance Company would not be liable to make payment if the accident occurs under the influence of intoxication/liquor or drug. 4. HAVING heard learned counsel appearing for the parties, it is evidently clear that the disputed question of fact is there as to whether the deceased died on account of drowning or the deceased drowned under the influence of liquor which issue never warrants to be decided in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly, this writ application stands dismissed. However, the petitioner would be at liberty to take recourse of law if available for redressal of the grievance. Application dismissed.