In a petition filed before the Chhattisgarh High Court challenging an order dated 01-02-2021 by the Additional Collector, Rajnandgaon, whereby the petitioner’s application seeking compensation of Rs. 4,00,000/- for his father’s death was rejected, a Single Judge Bench of Justice Sanjay K. Agrawal allowed the petition and directed the respondents to disburse the said compensation to the petitioner.
On 16-07-2020, the petitioner’s father, who was extracting lacquer from a tree, fell due to a severe thunderstorm accompanied by heavy rain and strong winds. The police registered an intimation and conducted the inquiry necessary. Thereafter, the petitioner submitted an application before the competent revenue authorities seeking compensation of Rs. 4,00,000/- under the State Government’s policy related to death caused by natural calamities.
Upon considering the material presented, the Naib Tehsildar forwarded the matter to the Sub-Divisional Officer (Revenue) for appropriate orders and grant of compensation. However, the Sub-Divisional Officer remanded the matter to the Tehsildar for fresh consideration. By the impugned order, the petitioner’s claim was rejected on the ground that his father’s death was not covered under Para 5 of Clause 6(4) of the Revenue Book Circular dated 09-06-2015. Thereafter, the Tehsildar also rejected the petitioner’s application.
The Court perused Clause 6 of the Revenue Book Circular and held that a death occured during a thunderstorm is required to be treated as one resulting from an act of God/natural calamity. Hence, the Court held that the petitioner was entitled to the benefit of compensation under the applicable Government Policy. Thus, the impugned order was set aside and the Court directed the respondents to disburse compensation of Rs. 4,00,000/- to the petitioner within 30 days.
