CHENNAI: Invoking the provisions of the State Government's social security scheme for manual workers, the Madras High Court has directed an insurance company to pay Rs. 1 lakh to the wife of an autorickshaw driver, who died in an accident in 2001.

K. Velu of Salem, a registered member of the Tamil Nadu Manugal Labour Social Security and Welfare Board, met with an accident on May 22, 2001 and died in hospital two days later.

When his wife V. Maheswari requested the Labour Department to release the group insurance amount of Rs. 1 lakh, officials held an inquiry and wrote to the United India Insurance Corporation asking it to pay her the amount.

When there was no reply from the company, Ms. Maheswarai filed the writ petition.

The company informed the court that it had communicated to the authorities concerned that since Velu had been murdered owing to enmity, the case did not fall within the policy cover.

Rejecting the argument, Mr. Justice Chandru said there was no evidence that Velu was murdered. The first information report showed the death was due to an accident. Even if it was murder, the insurance company had to pay, as the scheme excluded only self-injury, suicide, attempted suicide or injury caused while under the influence of liquor or drugs, or resulting from breaching of the law.

"None of the exclusionary clauses applies to the case of the petitioner's husband. Therefore, the liability of the insurer can never be washed away," Mr. Justice Chandru said.

Ms. Maheswari was not making any claim against the employer who had engaged her husband as an auto driver. "She is making a claim under the social security scheme framed by the State Legislature," the judge said. He directed the insurance company to pay the amount within two weeks.

Printer friendly page  
Send this article to Friends by E-Mail