Patna High Court
Chief Electoral Officer vs Jagmato Devi And Ors. [Alongwith Lpa No. ... on 13 February, 2007
Author: Shailesh Kumar Sinha
Bench: Shailesh Kumar Sinha
JUDGMENT J.N. Bhatt, C.J.
1. This group of two Letters Patent Appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of an order and judgment of the learned Single Judge dated 3.1.2006 in C.W.J.C. No. 7018 of 2003.
2. We have heard the learned Counsels for the parties. We have examined the factual profile, as well as, testimonial collections. We have also taken into consideration, the relevant proposition of Law of Insurance arising out of the factual matrix.
3. While L.P.A. No. 537 of 2006 is at the instance of the Chief Election Officer, Bihar, Patna, L.P.A. No. 177 of 2006 is at the instance of Branch Manager, National Insurance Company Limited.
4. Learned Counsels appearing for the appellant Insurance Company have raised the following two contentions:
(i) that though there was an insurance policy in force oh the unfateful day for the purpose of election work security, the death has not occurred during the course of election work or duty. Thus, the Insurance Company appellant has repudiated the claim of the original writ petitioner-respondent widow of late Nand Kishore Prasad Yadav;
(ii) that the Surveyor of the Insurance Company could not locate the Medical Officer who had examined the deceased. This is the second ground to deny the accountability of payment of compensation arising out of the Insurance policy for the election work.
5. So far as the respondent original writ petitioner is concerned, it has been contended on her behalf that the Insurance Company is liable to make the loss good by making payment of compensation in terms of the Insurance policy covering the election work risk amounting upto Rs. ten lacs. Therefore, the main question that comes to the surface is with regard to the liability of the Insurance Company for the payment of compensation where unfortunate demise of late Nand Kishore Prasad Yadav occurred who was on election duty during the relevant period.
6. With a view to appreciate the merits of the rival versions, let there be a skeleton projection of the factual aspect at this stage.
7. The case of the original writ petitioner-respondent has been that her husband late Nand Kishore Prasad Yadav, was posted at the relevant point of time as Assistant Sub Inspector (ASI), Phulwaria Police Station in the district of Gopalganj. Her husband was deputed on election duty under the orders of the Deputy Inspector General, Saran, Chapra, along with other police officers to take care of the State Assembly repoll of Chapra District pursuant to command No. 893164 dated 23.2.2000. The deceased Police Officer was deputed just on election duty in relation, to repolling of Taraiya Assembly Constituency at Booth No. 230, Primary School, Goraul, Taraiya, pursuant to command No. 1246240. It be again noted that there is no dispute about factum of policy during the relevant period. A copy of the insurance policy has been produced. It covers the election risk of Police Officer to the extent of Rs. 10 lacs. The dispute revolves round as to whether the unfortunate demise of the Assistant Police Officer, Nand Kishore Preasad Yadav was in relation to, or, relatable to the election duty or not at the relevant time?
8. The impugned judgment of the learned Single Judge is threadbare examined by us. The content and colour as well as the context of the impugned order have also been taken into account for appreciation of the rival versions on the aforesaid main sole issue.
9. The learned Single Judge, upon evaluation of the entire factual record, as well as, documents, reached to the conclusion that the death was referable to the election duty for which period the insurance policy was obtained for payment of compensation upto the limit of Rs. ten lacs and, therefore, directed Insurance company, the Election Officer, and the State Government, to pay full amount due and payable under the Insurance Policy as well as, ex gratia along with other pensionary benefits, while allowing the writ petition.
10. In true analysis and correct appraisal of the facts, we have also noticed that the death of the late Nand Kishore Prasad Yadav, occurred when he was, at the relevant time, posted as A.S.I. at Phulwaria Police Station on election duty under the orders of the competent authority. We have highlighted the Command number, as well as, the date on which the direction came to be issued for working on election duty.
11. It has been the case of the respondent - original writ petitioner that pursuant to the command, the deceased, while performing duty for election and after the repoll, had some chest pain and was referred to Patna Medical College Hospital or Indira Gandhi Institute of Medical Science (IGIMS), Patna for consulting a cardiologist. During the period he was being brought to Patna for treatment, he was shot dead by some unknown criminals in Postal Park area of Kankarbagh Police Station. Not only that, his official revolver was also looted and taken away by the criminals. The first information report in that connection came to be launched with Kankarbagh Police Station being Case No. 119 of 2000 dated 25.2.2000 for the offence punishable under Sections 302 and 379 read with 34 of the Indian Penal Code. The deceased had sustained fatal injuries and he succumbed to the same. The case of the respondent - original - writ petitioner has been that it happened on election duty but the appellants have not paid after-death amount due and payable by the Insurance Company in terms of the Insurance Policy which is produced on record, as well as by the Government. The original petitioner-widow of the deceased claimed Rs. 2,50,000/- ex gratia and family pension on account of unfortunate demise of her husband while performing duty on election work. She had, therefore, initiated the first correspondence and exchange of letters but, unsuccessfully, resulting into her rushing to the door of justice by filing the writ petition under Article 226 of the Constitution of India, successfully. Hence, these Letters Patent Appeals.
12. There is no dispute that on account of her action and representations before the Superintendent of Police, Gopalganj for payment of insurance amount and ex gratia amount, the Superintendent of Police, Gopalganj by letter dated 5.6.2000 requested the District Magistrate-cum-Election Officer, Saran for payment of Insurance amount to the petitioner. He has also sent the letter to the Inspector General of Police, Muzaffarpur for payment of ex gratia to the petitioner and also sent reminder to the same. It will be material to mention that the Deputy Inspector General (Personnel), Bihar, also recommended for payment of election insurance amount, as well as, ex gratia amount in pursuance and compliance of the resolution of the State Government dated 5.5.1979 but till date there is no result.
13. It will be interesting to refer to the Government resolution dated 5.5.1997 which stipulates resolution of the Government to make payment of ex gratia to such Police personnel who died or became injured in course of election duty or in course of their duty due to terrorist attack or in criminal attack. There is no question or dispute with regard to unfortunate killing of the deceased husband of the original writ petitioner. The original petitioner's husband was killed by criminals while on election duty, as such, as found from the factual matrix and testimonials collections. It cannot be said that he was not on election duty. The narrow interpretation which was sought to be made by the appellants before the learned Single Judge, fortunately, was overturned and rejected, and rightfully so.
14. After considering the affidavit of the original petitioner and the documents in support produced by her, as well as the counter affidavits on behalf of the appellants, the learned Single Judge has, in greater "details," articulated the factual aspect as well as, materials supporting the case of the respondent original writ petitioner.
15. In our opinion that rejection of the petitioner's claim was not justified by the authorities, appellants before us, in the light of the evidence and material produced on record. More so, when there was election insurance scheme under which the policy was taken for the deceased for payment of compensation upto to the limit of Rs. 10 lacs. The death has occurred on account of killing of the deceased by the criminals and during the relevant period the deceased was working on election duty under the command of the superior authority.
16. Obviously, at the time of death or unfortunate macabre killing of deceased while performing his election duty as Police officer, the deceased husband of the original writ petitioner was holding valid insurance policy about which there is no dispute. Apart from that, recommendation was made by the superior Police Officers for payment of the insurance claim, as well as, ex gratia amount in terms of the aforesaid resolution of the Government. There is sufficient material on record to show that unfortunate death could be referable to, only, as a part of election duty by the Police Officer.
17. Let it be recalled that the liability for payment of compensation in terms of the policy of valid insurance apart from contractual one is also arising out of common law principles. It is a well settled proposition of law. For a widow, like the original writ petitioner, the attitude of the Insurance Company to submit strict proof beyond reasonable doubt to prove the nexus of death with the election duty is very unfortunate. The insurance scheme is devised and designed to recompensate, in terms of money, to the extent of liability in terms of insurance policy, as, otherwise, human life is invaluable. Even in common law and tort, principles of res ipsa loquitur could be successfully pressed into service. It happens at times that on highway there is hit and run case and such doctrine is pressed into service. It is too much to expect such a proof, beyond reasonable doubt, like that in a criminal trial. The circumstantial chain emerging from the record and the materials relied on by the original writ petitioner leaves no manner of doubt in our mind that it has nexus with the election duty and who does not know, during time of election criminals, at the behest of some vested interest, settle their score for political or otherwise gain? Unfortunately, this is the historical fact so far as the State of Bihar is concerned. We need not wait for referring such cases reported in the Law Journals in the past.
18. It is no body's case that it was a natural death. It is on the contrary noticed, successfully, that the record and materials placed, reinforce the claim of the respondent-original petitioner that there was direct nexus with the murder of the deceased Police Officer with the election work. It cannot be detached from the election work which is sought to be, unnecessarily, placed before us. It must not be forgotten that the standard of proof is not very strict in such cases as observed hereinabove. The preponderance of probabilities are also not required to be taken into account in order to appreciate the merits of the claim of the original writ petitioner-widow of deceased unfortunate Police Officer.
19. It may also be highlighted that even in the letter to the District Magistrate and the Election Officer dated 5.6.2000, produced as Annexure 4, in the main writ petition addressed by the Superintendent of Police; Gopalganj, there are averments indicating the nexus of chest pain as well as killing with the election work. The Insurance Company cannot be allowed to contend that only for limited period of eight hours of duty, the policy is covered. Had there been such intention, it would have been clarified and hours would have been mentioned in the policy. But this is not so. The policy is for entire period of one month covering risk of the officers involved in the election work. It remains in force for the whole day and till the month is over in respect of the election work as per the insurance policy. The medical certificate on record also clearly goes to show that initially there was a chest pain and when the deceased was being shifted for further better medical treatment, at Patna, the macabre murder occurred. It is nothing but ghastly killing of a responsible Police officer serving for election work working on election duty. In such matters, we are afraid, the approach of the appellants authorities, apart from not being human, is hypertechnical.
20. We are convinced that both these appeals are totally meritless and are required to be dismissed with special cost to the widow original writ petitioner.
21. In the result, for the foregoing grounds and discussions and after having considered the entire testimonial collection including the medical record, we are satisfied that the view taken by the learned Single Judge is quite justified and could not be faulted with. The appeals are therefore, dismissed after having heard both the parties at the admission stage, upon request, with special cost of Rs. 5000/- (five thousand) in both the matters which is directed to be paid along with other dues, as directed by the learned Single Judge, within a period of three weeks from today to the respondent - original writ petitioner failing which liberty is reserved for the respondent original writ petitioner for claiming rate of interest on delayed payment that may be made further. Both the appeals, therefore, shall stand dismissed accordingly. Rule is made absolute.