CWP No.2358 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.2358 of 2008 DATE OF DECISION: November 10, 2008 SMT. RAJ DULARI ...PETITIONER VERSUS UNION OF INDIA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. R.A. SHEORAN, ADVOCATE FOR THE PETITIONER. MR. S.K. SHARMA, CENTRAL GOVT. COUNSEL FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The husband of the petitioner Head Constable Rajpal expired on 4.12.2001, while he was on duty with 1038 Border Security Force Arty Regiment. During service an amount of Rs.300/- annually was being deducted from the salary of Late Head Constable Rajpal in the fund of “Seema Prahari Beema Yojna”. On his death the petitioner being his widow has claimed a sum of Rs.4 lacs which is payable to those personnel who die in counter insurgency with militants or during duty period at border or meet with an accident while on duty. It is the case of the petitioner that her husband died while on duty at the border and hence the petitioner is entitled to be released a sum of Rs.4 lacs in terms of “Seema Prahari Beema Yojna”. Reply has been filed on behalf of the respondents wherein it has been averred that although the husband of the petitioner was on duty when he died because of Cardiac Arrest, but as per the Policy of the BSF CWP No.2358 of 2008 -2- with United India Insurance Company, the benefit under the aforementioned Policy accrues only when the death is due to an accident and hence the case is not covered by the insurance policy. A perusal of Annexure P-4 shows that the benefit of “Seema Prahari Beema Yojna” is available to those personnel who die in counter insurgency with militants or during duty period at border also, apart from those who died in an accident. As Head Constable Rajpal, husband of the petitioner was on active duty at Naugam (J&K) on 4.12.2001, when he suffered a cardiac arrest which ultimately resulted in his death on 4.12.2001, hence the petitioner is entitled to be paid a sum of Rs.4 lacs on account of death of her husband in terms of the policy. Resultantly, we quash the orders (Annexures P-4 & P-6) vide which the claim of the petitioner has been rejected for the benefits under the “Seema Prahari Beema Yojna Insurance Scheme” and direct the respondents to pay a sum of Rs.4 lacs to the petitioner within a period of three months from the date of receipt of certified copy of this order. The petitioner shall be also be entitled to simple interest at rate of 8% per annum. (ASHUTOSH MOHUNTA) JUDGE November 10, 2008 (RAJAN GUPTA) Gulati JUDGE