IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 29367 of 2004(U) -------------------------- PETITIONER(S): --------------- ALPHONSA, W/O. LATE T.P.ANTONY, RESIDING AT THURITHIPURAM HOUSE, NARAKKAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY DEPARTMENT OF FISHERIES, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, KERALA FISHERMEN WELFARE FUND BOARD, THRISSUR. 3. THE FISHERIES OFFICER, NARAKKAL. 4. NARAKKAL FISHERMEN WELFARE DEVELOPMENT AND CO-OPERATIVE SOCIETY, REP. BY THE SECRETARY, REG. (E120/92), NARAKKAL P.O. R1 BY G.P. SRI. MATHEW VADAKKEL ADV. SRI.P.SANTHALINGAM, SC FOR KFWFB FOR R2 SRI.ASOK M.CHARIYAN, SC, KFWFB FOR R2 SRI.PHILIP T.VARGHESE FOR R4 SRI.THOMAS T.VARGHESE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 17.4.2003 EXT.P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 24.5.2003 ISSUED BY THE NARAKKAL GRAMA PANCHAYATH. EXT.P3 TRUE COPY OF THE RECEIPT DATED 21.3.2003 ISSUED BY THE FOURTH RESPONDENT FOR COLLECTING INSURANCE PREMIUM FROM THE PETITIONER'S HUSBAND. EXT.P4 PHOTOCOPY OF THE REPRESENTATION DATED 19.4.2003 SUBMITTED BEFORE THE FOURTH RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) TRUE COPY OF THE GUIDELINES ISSUED BY THE KERALA FISHERMEN'S WELFARE FUND BOARD, ERNAKULAM. 4TH RESPONDENT'S EXHIBITS: EXT.R4 TRUE COPY OF THE COVERING LETTER DATED 25.3.2003 ALONG WITH REMITTANCE CHALLAN COUNTERFOIL AND ENCLOSED LIST. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. P. C NO. 29367 OF 2004 -------------------------------------------- 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