IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 9792 of 2010(Y) -------------------------------- PETITIONER: --------------- JUDIT FRANCIS, W/O LATE FRANCIS, JOSEPH MANDIRAM, NEENDAKARA, KOLLAM DISTRICT. BY ADV. MR.N.SASIDHARAN UNNITHAN RESPONDENTS: --------------- 1. THE REGIONAL EXECUTIVE, KERALA FISHERMEN'S WELFARE FUND BOARD, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, KERALA FISHERMEN'S WELFARE BOARD, PONKUNNAM, THRISSUR-680 002. 3. DIRECTOR, KERALA STATE INSURANCE DEPARTMENT, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. ADV. MR.ASOK M.CHARIYAN, SC, KFWFB FOR R1 &2 MR. K. RAMESH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9792 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF DEATH CERTIFICATE DTD 4.1.2005 ISSUED FROM KIMS. EXT.P2: COPY OF THE EXTRACT OF THE GROUP INSURANCE SCHEME. EXT.P3: COPY OF THE APPLICATION DTD 2.4.05 OF THE PETITIONER. EXT.P4: COPY OF GOVERNMENT LETTER DTD 30.3.2005. EXT.P5: COPY OF LETTER DTD 25.8.2005 OF R1. EXT.P6: COPY OF ENDORSEMENT OF R3. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No. 9792 OF 2010 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T The petitioner’s husband Sri. Augustin Francis was a fisherman and a member of the Kerala Fishermen’s Welfare Fund Board administered by the second respondent. He died in the Tsunami disaster on 4.1.2005. According to the petitioner, in view of the membership of the deceased in the Welfare Fund, he was also covered by the Group Personal Accident Insurance Policy with the third respondent and therefore, the legal heirs of late Sri. Augustin Francis are entitled to the insurance amount under the policy as compensation. Despite filing Ext.P3 application and despite Ext.P5 recommendation from the Welfare Fund Board recommending payment of Rs.1 lakh as insurance money, the third respondent rejected the claim, by Ext.P6 endorsement stating that the death would not come under the purview of the policy. The petitioner is challenging that order seeking the following reliefs: “i)To issue a writ of certiorari calling for the records W.P.(c)No.9792/10 2 leading to Ext.P6 and quash the same. ii) To declare that the petitioner is entitled to the insurance claim of Rs.1,00,000/- on the basis of Ext.P2 Scheme, P4 letter and P5 recommendation. Iii) To issue a writ of mandamus or any other writ or order of direction directing the 3rd respondent to sanction the insurance claim to the petitioner as recommended in Ext.P5. 2. The learned Government Pleader on instructions submits that the death of the petitioner’s husband was due to heart attack, which cannot be considered as one coming within the purview of the policy. 3. I have considered the rival contentions in detail. Ext.P4 letter dated 30.3.2005 from the Secretary to the Government to the District Collector reads thus: “I am directed to invite your attention to the reference cited. Considering the facts reported in your letter cited and other circumstances of the death, the death of Shri.Augustin Francis, St.Joseph Mandiram, Neendakara on 4.1.2005 may be treated as a Tsunami death case”. When the Government themselves have accepted the fact that the death of the petitioner’s husband is to be treated as Tsunami death case, I do not think that the third respondent, which is under the direct control of the Government of Kerala, can take a different view in the mater. That being so, I am satisfied that the legal heirs of late Sri. Augustin Francis are entitled to insurance money as recommended in Ext.P5. Accordingly, the insurance money payable to the legal heirs of W.P.(c)No.9792/10 3 late Sri. Augustin Francis shall be paid by the third respondent within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.9792/10 4