Supreme Court - Daily Orders
Mamatha vs R. Ranganath on 19 April, 2016
Bench: Dipak Misra, Shiva Kirti Singh
CA 3784/15
1
ITEM NO.11 COURT NO.4 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No.3784/2015
MAMATHA & ORS Appellant(s)
VERSUS
R. RANGANATH & ORS Respondent(s)
WITH C.A. No.3778/2015
(With interim relief and office report)
Date: 19/04/2016 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Appellant(s) Mr. Nishanth Patil, Adv.
Mr. Anup Jain, AOR
CA 3778/15 Mr. C.K. Gola, Adv.
Mr. Abhishek Gola, Adv.
Mr. Viresh B. Saharya, AOR
For Respondent(s) Mr. C.K. Gola, Adv.
Mr. Abhishek Gola, Adv.
Mr. Viresh B. Saharya, AOR
Mr. Varinder Kumar Sharma, AOR
Mr. S.L. Gupta, Adv.
Mr. Virender Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified In course of hearing, Mr. C.K. Gola, learned counsel Digitally signed by GULSHAN KUMAR ARORA Date: 2016.04.19 16:38:47 IST along with Mr. S.L. Gupta, learned counsel appearing for the Reason:
Insurance Company has submitted that the employer had taken a Group Personal Accident Claim policy in respect of the CA 3784/15 2 deceased from United India Insurance Company Limited, and hence the amount paid under the said policy has been correctly deducted by the tribunal and accepted by the High Court. He has produced a letter written by the employer to the Assistant Manager of the New India Assurance Company Limited. The said communication is to the following extent:-
“Sub: Personal Accident Claim - Death of Employee of AXA Group Solutions Private Limited - Girish Yadav M L - your letter dated 12 th December 2013 received by us on 20th January 2014 Please note that AXA Group Solutions Private Limited is now merged with AXA Technologies Shared Services Private Limited with effect from 1st April 2012 (copy of the Order of the Hon'ble High Court of Karnataka attached).
We have received your above mentioned letter on 20th January 2014 and noted the contents. Mr. Girish Yadav M L was an employee of AXA Group Solutions Private Limited; Designation – Systems Analyst Level – B1. He died in a road accident on 8th August 2008 and we have settled his Group Personal Accident claim to his wife and the sole claimant Mrs. B Mamatha, based on her declaration.
1. The policy was taken with United India Insurance Company Limited, Divisional Office No.III, 24, Richmond Road, Bangalore - 560 025.
2. Policy no.070300/42/08/05/00000036–Period of insurance- 9th May 2008 to 8th May 2009 and Sum Assured - 5 times of Total Fixed pay.
3. Personal accident claim amount paid to Mrs. B Mamatha (Wife and sole claimant) -
Rs.27,21,960/- vide cheque no.88 dated 10th October 2008.
4. The claim was paid to Mrs. B Mamatha, wife and sole claimant based on her declaration on 23rd October 2008. Her address as per the copy of the Government ID proof submitted is 224, 5th D main Road, 2nd Block, HRBR Layout, Kammanahalli, Bangalore - 560 084. (copy of the declaration and the ID proof are attached)” CA 3784/15 3 Learned counsel appearing for the victims has resisted the content of the policy. It is his submission that the nature of the policy is to give protection to the employee.
In view of the aforesaid, learned counsel for the Insurance Company shall file a copy of the policy within two weeks hence.
Let the matters be listed on 10th May, 2016.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master