Compensate legal heir of cop who died on duty, government told

A division bench of Justices K KSasidharan and R Subramanian while upholding the order of a single judge in this regard, said, “The police department is now adopting a technical approach by giving a restrictive meaning to the inclusive definition ‘accidental death or permanently incapacitated or partially disabled’. However, such an 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 police force. The personnel is working without fixed working hours. The nature of duty performed by them contributed for their health issues. In case the compensation is limited to accidental death, the very purpose of the scheme would be defeated,” the bench added.

S Nithiyanandam while working as SI in the TN Commando Force, Marudham, was directed to report to the SP in Jolarpettai, in connection with an anti-dacoity operation. While travelling on May 29, 2008, he suffered chest pain. After some time, he was taken to the hospital, where he was declared brought dead. His wife applied for Rs 10 lakh under the Police Insurance Scheme.

As the authorities rejected her plea, she approached the HC. The single judge who heard the case on April 25, 2014 directed the state to pay her Rs 10 lakh. But State Home Secretary and DGP moved an appeal challenging the judge’s order.

The bench while dismissing the appeal also held, “The government had taken a policy decision to pay compensation of Rs 10 lakh to the legal heirs of the policemen, who died while on duty. A scheme like this must be given a liberal interpretation taking into account the purpose for which it was framed. We are therefore of the view that there is absolutely no merit in the contention taken by the authorities.”