Case Note & Summary
The petitioner, Smt. Sunanda w/o. Shrihari Adhapure, filed a writ petition challenging the communication dated 4.1.2011 from the Taluka Agricultural Officer, Shirur, which returned her proposal for compensation under a Government scheme covering risk of death of farmers in accidents. The petitioner's husband died on 8.8.2008, and she filed the claim on 27.10.2010. The Agricultural Officer returned the proposal on the ground that it was not received within the prescribed 90-day period. The High Court observed that under the scheme, the Government pays the premium for farmers, and the liability to pay compensation lies with the Insurance Company. The Agricultural Officer is only a forwarding authority and must send the proposal along with all papers to the Insurance Company, which has the authority to decide the claim. The Court directed the Taluka Agricultural Officer to forward the proposal to the Insurance Company within 15 days. The petition was allowed and disposed of accordingly.
Headnote
A) Insurance Law - Government Scheme for Farmers' Accident Death - Forwarding of Proposal - The Taluka Agricultural Officer is bound to forward the proposal to the Insurance Company with available material, and the Insurance Company has the liability to decide the claim - The Officer cannot reject the proposal on the ground of delay, as the scheme provides for consideration beyond 90 days in exceptional circumstances (Paras 1-2).
Issue of Consideration
Whether the Taluka Agricultural Officer can reject a claim proposal under the Government scheme for farmers' accident death on the ground of delay, or whether the Officer is bound to forward the proposal to the Insurance Company for decision.
Final Decision
The petition is allowed. The Taluka Agricultural Officer is directed to send the proposal along with all papers to the Insurance Company within 15 days from the date of the judgment.
Law Points
- Government scheme for farmers' accident death
- forwarding of proposal by Agricultural Officer
- Insurance Company's liability to decide claim
- limitation period of 90 days with exceptional circumstances
