The Oriental Insurance Company Ltd. vs Nagaraj, Minor Balamurugan, Minor ... on 12 February, 2008
2. Assailing the above order, learned counsel for the petitioner submitted that when the G.O.Ms.No.1160 dated 18.8.99 clearly mentions the purpose for which the Tamil Nadu Police Insurance Scheme Rules was enacted stating that the accidental death means death while travelling by car, boat, train, the respondents cannot refuse to bring the case of the petitioner under the above said scheme. After reading the scope of the rules, he has explained before this Court that the police officers and the police personnel of Tamil Nadu serving in the General Police, Special Task Force, Commando Force, Commando School, Swift Action Force and Core Cell who die including accidental death or permanently incapacitated or partially disabled in pursuit of their duties, are also covered under the scheme. Adding further, he has stated that when the scheme clearly says that the police personnel in the General Police, Special Task Force and Commando Force etc., who were already placed under suspension with effect from 1.4.97 till they resume duty would not be able to enjoy the benefit of the scheme along with the police personnel who are on leave without allowances, the case of the petitioner has to be necessarily covered under the scheme. Concluding his arguments, he has also pressed into service a judgment of this Court in the case of Oriental Insurance Company Ltd., Kovai v. Nagaraj and 3 others, 2008-2-L.W.189, for the proposition that the death of an employee who is covered under the insurance scheme due to severe heart attack, while being taken in ambulance to the hospital, should also be construed as a death taken place during the course of employment.