CHENNAI: A division bench of the Madras High Court has upheld an order of a single judge directing the State government to pay Rs 10 lakh with interest under the police insurance scheme, to the wife of a policeman, who died while on duty.
The Tamil Nadu Police Insurance Scheme Rules are framed for the welfare of legal heirs of police personnel and the same would cover even cases of personnel who died while on duty and it should not be restricted to accidental death or permanent/partial disability alone, a bench of Justices K K Sasidharan and R Subramanian said.
The government had taken a policy decision to pay compensation of `10 lakh to the nominee legal heirs of the police personnel, who die while on duty. A scheme like this must be given a liberal interpretation considering the purpose for which it was framed. The scope of the rule clearly indicates that even a police personnel who dies while on duty is entitled to compensation and it is not confined to accidental death. “We are therefore of the view there is absolutely no merit in the contention taken by the authorities,” the bench said.
The bench was dismissing an appeal from the State Home Secretary and Director-General of Police and another challenging an order dated April 25, 2014 of a single judge, on July 4 last.
S Nithiyanandam while working as Sub-Inspector in TN Commando Force, Marudham, was directed to report to the Superintendent of Police at Jolarpet in connection with an anti-dacoity operation. While travelling in the train on May 29, 2008, he suffered chest pain. After some time, he was taken to the hospital at Jolarpet, where he was declared ‘brought dead’.
His wife applied for `10 lakh under Police Insurance Scheme. As authorities negatived the plea, she approached the High Court and the single judge in April 2014 awarded the sum. Hence, the appeal.
Dismissing the appeal, the bench observed that the police department was now adopting a too technical approach by giving a restrictive meaning to the inclusive definition ‘accidental death or permanently incapacitated or partially disabled’. However, such inclusive definition would not take away the right given to the nominee to claim compensation on account of natural death while on duty.
The rules for police officers and personnel were framed with a larger purpose of taking into account the nature of job performed by the force. The personnel are working without fixed working hours. The nature of duty performed by them contributed to their health issues. In case the compensation is limited to accidental death, the very purpose of the scheme would be defeated, the bench said.
Another plea seeking permit to protest GEC dismissed
Chennai: The Madras High Court on Friday dismissed another petition that sought permission to stage a protest against the Chennai-Salem green corridor . On Thursday, Justice Raja said the mega project would help industrial development in Tamil Nadu and should not be opposed without understanding the objectives of the government. The plea was moved by the Tamil Maanila Congress.
‘Do not proceed with solid waste management plan’
Chennai: Erode district Collector has been directed by Madras High Court not to proceed with the establishment of a solid waste management garbage yard at Kandasamypalayam village in Kodumudi taluk. A division bench of Justices T S Sivagnanam and N Seshasayee gave the directive when a PIL from one Raj Kumar came up for hearing on Friday.