Murder Not 'Accident' Under CM Farmer's Insurance Scheme: Allahabad High Court Rejects Compensation Claim

Recently, the Allahabad High Court has held that murder while cutting grass in field is not covered under Mukhymantri Kisan Evam Sarvhit Bima Yojna.

While denying relief to the petitioner under Mukhymantri Kisan Evam Sarvhit Bima Yojna, the bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary held,

“Even though, loosely termed one may treat a murder as an accidental phenomenon, however such accidents are not covered under the said Mukhymantri Yojna. The eligibility criteria has been specifically defined and the same can be interpreted for event which are ejusdem generis to the events enumerated therein. Surely, a murder or an incident of like nature as is narrated in the present facts and circumstances, is not an accident as envisaged under the Mukhymantri Yojna for availing compensation.”

Petitioner's wife was murdered while cutting grass in a field by unknown assailants. Petitioner sought compensation under Mukhymantri Kisan Evam Sarvhit Bima Yojna. However, his claim was denied.

The Court observed that eligibility criteria for being covered under the scheme was provided therein and only a covered person could be granted relief under the Mukhymantri Kisan Evam Sarvhit Bima Yojna.

It further held that accidents on railways, roadways and during air travel were included in the scheme, but this definition of accident could not be extended to a person being murdered, like in the present case.

“No doubt, the said Mukhymantri Yojna is a beneficial scheme/Yojna, which provides for financial help to the needy, however, the object behind the said scheme is loud and clear, inasmuch it not only mentions the scheme is applicable for uncertain and unfortunate events, but also enumerates these events which ought to have happened with any person, before the relatives can become eligible for benefit under the said scheme. The said Mukhymantri Yojna is not applicable due to death covered by any reason, except as provided in the scheme/Yojna itself.”

Accordingly, the rejected the claim of the petitioner under the Mukhymantri Kisan Evam Sarvhit Bima Yojna but gave him the liberty to apply under any Government Scheme applicable on him.

Case Title: Nanhe Lal v. State Of U.P. Thru. Its Prin. Secy. Revenue Deptt . Lko . And 2 Others

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