IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 10985 of 2006(G) -------------------------- PETITIONER: --------------- V.SNEHALATHA, AGED 44 YEARS, W/O. LATE V.SASEENDRAN, M.33, KASTURBA NAGAR, KOCHUKADAVANTHRA, KOCHI-20. BY ADV. SRI.MARTIN G.THOTTAN RESPONDENTS: --------------- 1. THE CHIEF EXECUTIVE, SOUTHERN RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY, TIRUCHIRAPPALLI, TAMIL NADU, PIN-620 001. 2. NATIONAL INSURANCE COMPANY LTD., TRICHI BRANCH III, VIGNESWARA BUILDINGS, NEAR OVER BRIDGE, 2/7 PUDUKKOTTAI ROAD, TIRUCHIRAPPALLI-620020, REP. BY ITS BRANCH MANAGER. 3. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI-3. BY GOVT. PLEADER SRI. P.M.MANOJ ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R3 SRI.T.C.GOVINDA SWAMY FOR R1 SRI.MUHAMMED SHAFI.M,SC, RAILWAYS FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 10985/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND EXT.P2 : COPY OF THE POSTMORTEM CERTIFICATE EXT.P3 : COPY OF THE FIR REGISTERED BY THE POLICE EXT.P4 : COPY OF THE LETTER DATED 19.11.03 ISSUED BY THE FIRST RESPONDENT EXT.P5 : COPY OF THE LETTER DATED 14.11.03 ISSUED BY THE SECOND RESPONDENT EXT.P6 : COPY OF THE LETTER DATED 11.6.01 ISSUED BY THE LIC, THIRUVANANTHAPURAM DIVISION RESPONDENT'S EXHIBITS: EXT.R1(A) : COPY OF CIRCULAR NOTIFYING THE COMMENCEMENT OF THE INSURANCE SCHEME AND THE TERMS AND CONDITIONS OF THE SCHEME WAS CIRCULATED BY THE 1ST RESPONDENT BY A CIRCULAR NO.269 DATED 13.3.1997 EXT.R1(B) : COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 1S RESPONDENT SOCIETY AND THE SECOND RESPONDENT INSURANCE COMPANY ON 12.3.2002 VALID FOR A PERIOD OF ONE YEAR UP TO 12.3.2003 EXT.R1(C) : COPY OF THE LETTER BEARING REFERENCE NO.CCS/JPAI DATED 7.3.2002 SENT BY THE RESPONDENT EXT.R3(a) : COPY OF RAILWAY BOARD'S LETTER NO.97/E.(Coop)/20/2D -9.2004 EXT.R3(b) : COPY OF BYE-LAWS OF 1ST RESPONDENT SOCIETY EXT.R3(c) : COPY OF LETTER NO.CCS/Admn/8/2006 DATED 4.8.2006 ISSUED BY MD/R-1 //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 10985 OF 2006 -------------------------- Dated this the 22nd day of August, 2011 J U D G M E N T The petitioner is the wife of late V.Saseendran, who was employed as a Diesel Assistant in the Thiruvananthapuram division of the Southern Railway. While in service, he met with an accident and succumbed to the injuries on 7.4.2001. The petitioner’s husband was a member of the Southern Railway Employees Co-operative Credit Society. The said society had an arrangement in the second respondent insurance company as per which the members of the society were covered under a group insurance scheme. The petitioner claims that as the legal heir of her husband, she was entitled to the sum of Rs.2,00,000/- under the group insurance scheme. The grievance voiced by the petitioner is that several years after her husband passed away, her claim was repudiated by the insurer on the ground that the deceased was under the influence of alcohol at the time of the accident. Relying on Ext.P2 postmortem report the petitioner contends that the stand taken by the insurer cannot be sustained. 2. Though the insurer has been served, it has not chosen WPC No.10985/2006 2 to enter appearance and file a counter affidavit. The first respondent has filed a counter affidavit contending that the claim made by the petitioner is belated. The third respondent, who is the employer, has filed a counter affidavit contending that the railway administration is not concerned with the dispute between the petitioner and respondents 1 and 2 and that the railway administration is not liable for implementation of the scheme. 3. I have considered the submissions made at the Bar by the learned counsel on either side. Apart from the mere statement in Ext.P5 letter that the proximate cause of the accident was that the deceased was under the influence of alcohol there is no material to substantiate the said fact. In Ext.P2 post-mortem report, apart from the statement that the stomach of the deceased was ¼ full with soft unidentifiable food materials and altered blood with an alcohol like smell, there is no material to safely conclude that the accident in which the petitioner’s husband passed away was caused solely due to the fact that he was under the influence of alcohol. Ext.P2 post- mortem report conclusively establishes the fact that the death of WPC No.10985/2006 3 the petitioner’s husband was due to head injury. The stand taken by the second respondent in Ext.P4 cannot therefore be sustained. I accordingly allow the writ petition, set aside Ext.P5 and direct the second respondent to pay the sum of Rs.2,00,000/- to the petitioner expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment. The petitioner will also be entitled to interest on the sum of Rs.2,00,000/- at the rate of 6% per annum from the date of Ext.P5. The said amount shall also be paid to the petitioner along with the principal amount. P.N.RAVINDRAN, (JUDGE) vps