Kerala High Court
Alphonsa vs State Of Kerala on 20 August, 2009
Author: C.N.Ramachandran Nair
Bench: C.N.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29367 of 2004(U)
1. ALPHONSA, W/O. LATE T.P.ANTONY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE COMMISSIONER,
3. THE FISHERIES OFFICER, NARAKKAL.
4. NARAKKAL FISHERMEN WELFARE DEVELOPMENT
For Petitioner :SRI.A.X.VARGHESE
For Respondent :SRI.P.SANTHALINGAM, SC FOR KFWFB
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :20/08/2009
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W. P. C NO. 29367 OF 2004
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Dated this the 20th day of August, 2009
JUDGMENT
Heard counsel for the petitioner and counsel appearing for respondents 2 and 4. Petitioner's case is that her husband Sri. T.P. Antony, who was a fisherman by profession, died on 16.4.2003 immediately after fishing. According to her death is attributable to strain in fishing for the day. Counsel for the second respondent submitted that petitioner's case calls for financial assistance from the Board upto Rs. 5,000/- and the same was given. The claim of the petitioner is that petitioner was covered by insurance scheme for which contribution was collected by the fourth respondent. It is not known whether insurance is by State Insurance Department or whether there is any group insurance or other insurance covering fishermen. The fourth respondent has filed a statement confirming that insurance premium was paid by the deceased and the same was transmitted to MATSYAFED. It is not known whether MATSYAFED has arranged any insurance for fishermen and if so, it is for the MATSYAFED to 2 claim for the petitioner in terms of the policy and get the compensation if found eligible on enquiry. W.P.C. is accordingly disposed of directing the petitioner to produce a copy of this judgment and the claim petition before the MATSYAFED with direction to MATSYAFED to process the claim based on the insurance premium received by it.
(C.N. RAMACHANDRAN NAIR) Judge kk 3