Accident Claim- Accident while going to Join Duty attributable as on “active duty”

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April 17, 2019

In view of the facts of the case, the High Court of Delhi observed that as the deceased was returning from his home to join duty and met with an accident, the same would be construed to be on “active duty” and hence the deceased’s legal representatives would be entitled to extraordinary Family Pension and Ex-Gratia lump-sum compensation.

Caser name: Ranju Devi v. Union of India & ors.

The present petition assails Department of Pension & Pensioners’ Welfare order, whereby the Department rejected Petitioner’s proposal for extraordinary family pension in addition to the other pensionary/financial benefits applicable to Government servants. The proposal was allegedly rejected on the ground that the death of Petitioner’s husband was not attributable to “active service” i.e. Petitioner’s husband had met with the fatal accident while he was on “casual leave” and not on “active duty”.

Here it would be relevant to mention that the deceased, Rakesh Kumar was undertaking the journey as part of the journey to join his duty back in Jammu when the accident took place causing his death.

Bench’s Verdict

That it has been clearly found out that the husband of the Petitioner met with the fatal accident while returning from his village to join duty at Jammu. Consequently, it cannot be said that he was not “on duty”.

That as the husband of the Petitioner was proceeding from his hometown to Jammu to join duty and met with an accident in that journey, the accident should be held to be while he was “on duty” and denial to his legal representative of the extra ordinary family pension and ex-gratia amount on the ground that he was not on “active duty” was unjustified.

In view of the aforesaid observations, the High Court of Delhi directed the Respondents to grant the Petitioner the Extraordinary Family Pension and Ex-Gratia lump-sum compensation.

The entire case can be accessed here.