Kavita Devi @ Kabita Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13679 of 2019 ====================================================== Kavita Devi @ Kabita Devi Wife of Late Sohan Thakur Resident of VillageBairaw Tola, Shekhuadih, P.O. Kamgarpur, P.S.- Hussainabad, DistrictPalamu (Jharkhand). ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary of the Department of Disaster Management, New Delhi.

2.

The State of Bihar Through the Chief Secretary Bihar, Patna. 3.

The Chief Secretary Bihar, Patna.

4.

The Secretary of Department of Disasters Management Bihar, Patna. 5.

The District Magistrate District- Gaya (Bihar). 6.

The Chief Secretary State of Jharkhand, Ranchi. 7.

The District Magistrate District- Palamu (Jharkhand). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the State :

Mr.Md. Khurshid Alam (Aag12) For UOI :

Mr. Rajesh Kumar Verma, Asstt. Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The petitioner has approached this Court for a direction to the respondents to grant compensation on account of death of her husband due to natural disaster of thundering/lightening fall.

Learned counsel for the petitioner submits that the respondents have formulated a scheme for payment of compensation to the progeny in case of death of a person due to

Patna High Court CWJC No.13679 of 2019(2) dt.09-07-2019 2/2 natural disaster. The husband of the petitioner died due to lightening fall. According to the petitioner the same falls in the category of natural disaster and covered by the policy decision of the Government.

Considering the aforesaid, the State Government is directed to take appropriate decision with regard to the claim of the petitioner for compensation on account of death of her husband in natural calamity/disaster. While taking decision the respondents have to consider the fact that in other States in similar situation compensations are paid. The respondents have also to take into consideration the fact that compensations of Rs. 4,00,000/-are paid to an individual who dies after consuming liquor, which is prohibited one. Final decision on the claim of the petitioner must be taken by the respondents within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U