State Can't Deny Snakebite Death Compensation On Technicalities Like Inconclusive Postmortem Report: Allahabad High Court

The Allahabad High Court has held that death by snake bite entitles dependents for ex-gratia relief from the State Disaster Relief Fund. The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held,“it is evident that the government notification dated 02.08.2018 clearly recognizes death due to snake bite as a circumstance entitling the dependents of the deceased to ex gratia relief. It is also apparent that the notification dated 02.08.2018 is a State-specific policy intended to aid in cases of disasters or calamities which are not included for relief under other policies. The said notification, therefore, contemplates relief to families affected by specific local contingencies, including death due to snake bite.”The Court further observed that a subsequent government notification dated 08.07.2021 specifically addressed issued regarding denial/ delay of ex-gratia payment to the dependents of a deceased person who died due to snake bite on technical grounds, particularly due to the non-availability of viscera reports.“The notification explicitly clarifies that the absence of a viscera report shall not be a ground to reject the claim and instructs the District Magistrates across the State to ensure timely disbursement of ex gratia relief, preferably within seven days. Bare reading of the order demonstrates that it is clarificatory in nature and intended to reinforce the objective of the notification dated 02.08.2018, rather than creating any new policy,” it said.Petitioner's wife died of a snake bite while working in an agricultural field. Witness statements were recorded, inquest report was prepared and post-mortem was carried out. The post-mortem report was inconclusive. Subsequently, petitioner applied for compensation under the Government notification dated 02.08.2018. Though the Lekhpal report recorded that the cause of death was snake bite, the Sub-Divisional Magistrate relied on the post-mortem report to state that the cause of death could not be ascertained and thus, the ex-gratia payment could not be granted to the petitioner. The Petitioner also raised his grievance through the “Jansunwai Portal” which was also rejected. Accordingly, the petitioner approached the High Court. The Court observed that on 27.06.2016 notification number 303/1-11-2016-4(G)/16 was issued by the State Government providing for the modalities with respect to funds for expenditure to be incurred from State Disaster Response Fund. In 2018, snake bite was specifically added with other natural calamities for relief under the State Disaster Response Fund. “Bare reading of the above noted notifications as well as subsequent communication leads us to infer that the underlying objective of the State is to extend timely support to families who have lost family member due to the circumstances contemplated therein. The scheme is in the nature of a welfare measure intended to provide relief to persons in need. Therefore, while determining entitlement under the scheme, rejection based on technicalities would be antithetical to the very aim and object sought to be achieved by the State.”Observing that the scheme for ex-gratia payment in case of death from snake bite is a beneficial scheme, the Court held that there was no discrepancies in the witness statements which were recorded immediately and information regarding the snake bite was also passed on to the Lekhpal immediately. It held that merely based on inconclusive post-mortem report, petitioner could not be denied relief. Accordingly, the Court directed the District Magistrate, Jalaun to disburse the compensation to the petitioner. Case Title: Kishori Lal Versus The State Of U.P. And 2 OthersClick Here To Read/Download Order

State Can't Deny Snakebite Death Compensation On Technicalities Like Inconclusive Postmortem Report: Allahabad High Court

Upasna Agrawal

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