Sukra Oraon vs Central Coalfields Limited
2022 Latest Caselaw 2086 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                               W.P.(S) No. 6659 of 2007

                Sukra Oraon, son of late Ramdhani Oraon, resident of village -
                Subash Nagar, P.O. - Khelari, P.S. - Khelari, District - Ranchi
                                                     ...     ...       Petitioner
                                        Versus
                1. Central Coalfields Limited, through its Chairman, Darbhanga
                   House, Ranchi
                2. General Manager (P&IR), C.C.L., Darbhanga House, Ranchi
                3. General Manager (Finance), C.C.L., Darbhanga House, Ranchi
                4. Personnel Manager, Dakra Project of C.C.L., Dakra Colliery,
                   Dakra, Ranchi
                5. The Project officer, N.K. Area, Dakra Project of C.C.L, Dakra
                   Colliery, Dakra, Ranchi.
                6. The Oriental Insurance Co. Ltd. Divisional Office, Tiwari Enclave,
                   Lalpur Chowk, P.O. & P.S. - Lalpur , District Ranchi
                                                     ...        ...         Respondents
                                        ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

                For the Petitioner        : None
                For the Resp. CCL         : Mr. Arvind Kumar, Advocate
                For the Resp. No.6        : Mr. Manish Kumar, Advocate
                                          ---

19/08.06.2022         Nobody appears on behalf of the petitioner.

2. Mr. Arvind Kumar, learned counsel appears on behalf of the respondent-CCL.

3. Learned counsel for the Insurance Company Mr. Manish Kumar, is also present.

4. This writ petition has been filed for the following relief:

"For a direction upon the concerned respondent to forthwith release the Group Insurance amount along with statutory interest in favour of the petitioner as the mother of the petitioner was the member of Group Insurance Scheme and part of salary of the deceased was regularly been deducted by the respondent authority for payment of premium amount."

5. Learned counsel for the respondent - CCL submits that pursuant to order dated 04.03.2021, an affidavit has been filed by C.C.L wherein, it has been mentioned that the dependents of ex- employee has to submit claim in prescribed format along with the required documents such as post mortem report, F.I.R etc. within the stipulated time frame and the dependents of late Gangi Oraon did not submit the claim as required. The learned counsel submits that if the

petitioner submits the claim before the respondent no.4, the same will be duly processed and forwarded to the Insurance Company. Learned counsel also submits that a judgment has been passed by this Court in L.P.A. No.347 of 2013 wherein on account of delay in making insurance claim, the interest on the period of delay was not found payable.

6. Learned counsel appearing on behalf of the respondent - Insurance Company has submitted that it appears that the ex-employee had died natural death and not on account of any accident However he submits that if the claim is forwarded to the Insurance Company, the same will be processed in accordance with law.

7. After hearing the learned counsel for the respondents, this writ petition is disposed of giving liberty to the petitioner to approach the respondent no.4 within a period of three months from today and upon being approached the respondent no.4 shall provide the requisite form for making a claim for group insurance and upon filling up of the form, the same be forwarded by the respondent no.4 to respondent no.6 within a period of one month thereafter.

8. Upon receipt of the claim as aforesaid, the respondent no.6 shall look into the matter and process the claim in accordance with law. If any amount is found payable, the same be also paid by respondent no.6 to the petitioner within a period of three months thereafter.

9. This writ petition is accordingly disposed of.

10. Pending interlocutory, if any, is closed.

(Anubha Rawat Choudhary, J.) Saurav