T. Ramesh v. Telangana State, Road Transport Corporation Rep. By Its Managing Director
2026-01-21
NAGESH BHEEMAPAKA
body2026
DigiLaw.ai
ORDER : NAGESH BHEEMAPAKA, J. Aggrieved by the inaction on the part of Respondents 4 and 5 in paying personal accidental insurance benefit amount to petitioner who is a Driver with Employee No.212077 in Telangana State Road Transport Corporation (the Corporation for brevity), this Writ Petition is filed. 2. The undisputed facts of the case are petitioner is working as a Driver in the Corporation, his wife Smt. L. Jayaprada was working as Conductor with E.212518. While they were travelling in RTC Rajadhani Bus bearing Registration No. TS 9 Z 7667 on 14.11.2022 from Karimnagar to Hyderabad, at the outskirts of Mandapally Village of Siddipet District, the said bus met with an accident with the lorry bearing No. AP 21 TY 2303. Petitioner's wife sustained severe injuries and succumbed to it. 2.1. It is stated, Respondent No.2 addressed the letter dated 30.11.2022 to all the Regional Managers to furnish the names of the employees and officers of their units who died accidentally during the period 01.07.2022 to 30.11.2022 with full details to pursue the matter with the higher officials of Union Bank of India for getting the personal accidental insurance benefit. Accordingly, Respondent No.3 sent letter dated 19.12.2022 to Respondent No.4 requesting to arrange personal accidental insurance claim of petitioner's wife. Since no action is taken, Respondent No.2 addressed letter dated 06.03.2023 to Respondent No.5 to arrange payment of personal accidental insurance benefit to the legal heirs at the earliest. As no action is taken by both Respondents 4 and 5, Respondent No.3 once again addressed the letter dated 22.06.2024 reminding for payment of personal accidental insurance benefit to petitioner's wife. Nevertheless, there is no response from the Respondents 4 and 5. 2.2. Petitioner is also stated to have submitted representation dated 13.06.2024 to Respondent No.4 for payment of personal accidental insurance benefit amount of his wife. Since there is no response, he got issued legal notices dated 12.08.2024 to Respondents 4 and 5. Contending that in spite of this much of correspondence, Respondents 4 and 5 have not taken action, petitioner filed this Writ Petition. 3.
Since there is no response, he got issued legal notices dated 12.08.2024 to Respondents 4 and 5. Contending that in spite of this much of correspondence, Respondents 4 and 5 have not taken action, petitioner filed this Writ Petition. 3. Respondents 1 to 3 filed counter stating that the letter dated 30.11.2022 was received from the Chief Personnel Manager/Head Office informing that Union Bank of India will consider the cases of officers and employees who died accidentally during the period from 01.07.2022 to 30.11.2022 for payment of Personal Accident Insurance under UNION SUPER SALARY ACCOUNT (USSA) though they are not enrolled in the scheme subject to crediting of the salary in the months of March to May 2022 and also based on gross salary crediting preceding 3 months of their expiry as per their eligibility. Accordingly, the Depot Manager, Hakimpet addressed the letter dated 19.12.2022 to the Bank Manager, Alwal Branch informing that petitioner's wife who was working as Conductor in Hakimpet Depot expired accidently on 15.11.2022 and requested to accept the claim under USSA-II. The CPM/HO addressed letter dated 20.12.2022 to the Field Manager, UBI, SD Road, Secunderabad to receive and consider petitioner's wife case for payment of Free Personal Accident Insurance to legal heirs to mitigate the financial hardships. The Executive Director (A.M.P&AM) addressed letter dated 18.01.2024 to the Field General Manager, UBI, stating that through the remarks of the UBI Central Office, Mumbai, the account of petitioner's wife who expired on 15.11.2022, was classified as USSSA-II as per the salary credited but at the time of accident, it was under the scheme of USSA-I, hence the claim of Rs. 2 lakhs have been settled and the full benefits under the scheme of USSA are being denied to the employees who died in accident on technicalities like Government label code not incorporate and the responsibilities for ensuring the same lies with UBI only. Ultimately, it is contended, it is the responsibility of UBI to consider the case of petitioner's wife and pay the personal accidental insurance benefits. 4. The Corporation filed additional counter affidavit. After narrating the policy of free personal accidental insurance to the employees and officers of RTC offered by the UBI, it is stated that as per the letter of the VC&MD of RTC dated 11.10.2021 about salary accounts of about forty thousand employees of RTC were converted from SBI to UBI.
4. The Corporation filed additional counter affidavit. After narrating the policy of free personal accidental insurance to the employees and officers of RTC offered by the UBI, it is stated that as per the letter of the VC&MD of RTC dated 11.10.2021 about salary accounts of about forty thousand employees of RTC were converted from SBI to UBI. Petitioner's wife, who was also an employee of RTC, died in a road accident on 15.11.2022 and she was drawing salary of more than Rs.25,000/- hence, she should have been categorized as USSA- II; however Respondents 4 and 5 treated her as USSA-I and paid only Rs. 2,00,000/- towards insurance amount. Had she been considered under USSA-II category based on her salary she is eligible for Rs.40 lakhs towards accident insurance compensation. 4.1. Finally, it is stated that though RTC requested Respondents 4 and 5 to settle the case of petitioner's wife under USSA-II category and pay the eligible insurance amount, they are treating her under USSA-I category and refusing to settle her case under USSA-II category. It is for the UBI to settle the claim. 5. Respondent Bank filed counter affidavit stating that Respondent No.3 addressed the letter dated 13.12.2022 to the 4 th respondent referring to the letter dated 18.11.2022 received from their Head Office, requesting to convert all salary accounts of Hakimpet Depot Employees into USSA-I, USSA-II & USSA-III as per their eligibility and give certification that their salary accounts have been so converted. After narrating the Insurance Policy with reference to various letters/circulars, these respondents mainly contended that salary accounts of employees of Hakimpet RTC Bus Depot were converted pursuant to the letter of the Depot Manager dated 13.12.2022, whereas petitioner's wife late Smt. L. Jayaprada died in accident on 14.11.2022 i.e. prior to conversion of her salary account into USSA category, hence, she is not covered by the personal accidental policy. 6. Petitioner also filed reply stating that employees of the Corporation should not suffer for getting personal accident insurance benefit because of the administrative lapses on the part of respondents. It is stated that their accounts were transferred from SBI to the respondent bank only for the purpose of getting personal accident insurance benefit only, but now respondent bank is trying to escape for payment of the said benefit which is unjust and unreasonable. 7. Heard Mr.
It is stated that their accounts were transferred from SBI to the respondent bank only for the purpose of getting personal accident insurance benefit only, but now respondent bank is trying to escape for payment of the said benefit which is unjust and unreasonable. 7. Heard Mr. P. Venkateshwer Rao, learned counsel for petitioner, Sri N. Srushman Reddy, learned Standing Counsel for the Corporation and M/s Chavan & Associates Law Firm, earned Standing Counsel for respondent bank. 8. Before considering the contentions of the parties, it will be useful to give a brief reference with regard to Personal Accidental Insurance Policy. 8.1. Respondent bank addressed letter dated 04.10.2021 to the Financial Adviser & Chief Accounts Officer, TGSRTC offering a scheme providing 'free personal accident insurance to all PSU employees who have Union Super Salary Account (USSA) in Union Bank of India. 8.2. The Managing Director, TGSRTC addressed letter dated 11.10.2021 to all its Unit Officers to inform the employees under their jurisdiction to open Bank Accounts with Union Bank of India. 8.3. The TGSRTC sent letter dated 18.11.2022 to all its Unit Officers inter alia stating: "Since the above provision (personal accidental insurance) is only applicable to employees who have Union Super Salary Account (USSA), Unit Officer shall create awareness among all the employees on above Insurance scheme and advise the Employees/Officers to change their nature of account to Union Super Salary Account (USSA), if they have not opted at the time of opening of account. 8.4. TGSRTC issued Circular No. PD-07/2021 dated 26.11.2021 ordering that salaries of all Officers and Employees shall be disbursed through Union Bank of India only from the salary bill of December, 2021 payable in January 2022. 8.5. The TGSRTC addressed sensitized all its Unit Officers by letter dated 18.11.2022 about the types of coverage of Free Personal Accident Insurance for PSU Employees viz., USSA-I, USSA-II, USSA-III, enclosing the guidelines etcetera. According to it, employees who are drawing a regular salary of Rs. 25,000/-to Rs. 74.999/- will come under USSA- II category. 8.6. The deceased employee petitioner's wife opened salary account bearing No. 139912010000605 with R-4 Bank on 20.11.2021, which was labelled as SBGEN. Her salary is being credited to this account. 8.7. The Depot Manager, TSRTC, Hakimpet Bus Depot (R-3) addressed letter Ref.
25,000/-to Rs. 74.999/- will come under USSA- II category. 8.6. The deceased employee petitioner's wife opened salary account bearing No. 139912010000605 with R-4 Bank on 20.11.2021, which was labelled as SBGEN. Her salary is being credited to this account. 8.7. The Depot Manager, TSRTC, Hakimpet Bus Depot (R-3) addressed letter Ref. No. F1/Banks (1)/2022-HPT dated 13.12.2022 to the 4th respondent referring to letter dated 18.11.2022 received from their Head Office, requesting to convert all salary accounts of Hakimpet Depot Employees into USSA-I, USSA-II & USSA-III as per their eligibility and give certification that their salary accounts have been so converted. 8.8. The Deputy General Manager & Regional Head, Union Bank of India addressed an inter office letter dated 23.08.2023 to the Chief General Manager, Zonal Office, Hyderabad, stating: As per the MOU between TSRTC and UNION BANK, every RTC employee has to open salary account with our bank and existing account of TSRTC employees should be converted in to Union Super Salary Account as per the salary received in account. 9. Undisputedly, petitioner's wife was an employee Conductor of TGSRTC at the time of accident in which she succumbed to injuries. She had salary account with UBI and was drawing salary of not less than Rs. 25,000/- at the time of her death. As per the insurance scheme, employees who are drawing salary of Rs. 25,000 to Rs. 74,999 per month will be classified as USSA-II category entitling them for Rs. 40 lakhs (as revised) in case of accidental death. The contention of respondent bank that salary accounts of employees of Hakimpet RTC Bus Depot were converted pursuant to letter of the Depot Manager dated 13.12.2022, whereas petitioner's wife Late Smt. L. Jayaprada died in accident on 14.11.2022 i.e. prior to conversion of her salary account into USSA category, hence, she is not covered by the personal accidental policy, has no force to stand. 10. If respondent-Bank is strictly of the view that petitioner's wife is not covered by the personal accidental policy. they should stick to it. However, they considered her case, of course under USSA-I category, and paid Rs. 2 lakhs. RTC addressed letters dated 13.09.2023 and 18.01.2024 to the 5 th respondent inter alia stating that petitioner's wife was drawing a salary of Rs.
they should stick to it. However, they considered her case, of course under USSA-I category, and paid Rs. 2 lakhs. RTC addressed letters dated 13.09.2023 and 18.01.2024 to the 5 th respondent inter alia stating that petitioner's wife was drawing a salary of Rs. 44,377/- in October 2022 hence is to be categorized as USSA-II but not as USSA-I; therefore, requested the Bank to look into the matter and settle the claim as USSA- II. 11. This fact of paying insurance amount to petitioner for the accidental death of his wife, is not denied by respondent- Bank. Hence, the bank is estopped from contending that petitioner's wife is not covered under the insurance scheme since her account was not converted to USSA category by the time of her death. Therefore, the question that remains for consideration is whether respondent-Bank is right in paying insurance compensation to petitioner treating his wife under USSA-I category or is she entitled to be considered under USSA- II category? 12. As seen from the letter of the VC&MD, TGSRTC dated 18.11.2022, RTC employees who are drawing a regular salary of Rs. 25,000/- to Rs. 74.999/- will come under USSA- II category. This fact is not denied by respondent-Bank. Further, the Executive Director (A.M.P&AM) addressed the letter dated 13.09.2023 to the 5th respondent stating that petitioner's wife who died in accident on 15.11.2022, was drawing monthly salary of Rs. 34496/- for August 2022; Rs. 35466/- for September 2022; and Rs. 44377/- for October 2022. Thus, her salary is within the bracket of salary of Rs. 25,000 to Rs. 74,999 per month, entitling her to be considered under USSA-II category. This fact is not disputed by respondent-Bank in their counter affidavit. Therefore, it can safely be said that petitioner's wife late Smt. L. Jayaprada (Conductor of RTC) will come within the zone of USSA-II category and she is entitled for insurance benefits under USSA-II category. 13. For the aforementioned analysis, Writ Petition is allowed directing Respondents 4 and 5 bank to consider the case of petitioner's wife Late Smt. L. Jayaprada, who died in accident on 15.11.2022, under USSA-II category and pay the personal accidental insurance benefit amount to petitioner. No costs. 14. Consequently, the miscellaneous Applications, if any shall stand closed.