Ahmedabad Ombudsman Centre
Case No. NIA / 1 / 296
Dr. Dashrathsinh B. Desai
Vs.
The New India Assurance Co. Ltd.
A Scheme purporting to extend insurance protection in case of accidental death or permanent disability to Farmers in the State of Gujarat was introduced by the Government of Gujarat and the Rules in this behalf were laid down by the Agriculture & Rural Development Department. Respondent extended Cover to Kheti Niyamak (Insured) and Complainant’s father was an account Holder in the Scheme. He died in an accident As per the Provisions laid down, the Taluk Executive Magistrate (Mamaladar) is the Designated Authority to lodge a Claim on behalf of the Account Holder. He is also designated in the Resolution as claim Inquiry Settlement Officer under the Scheme.
Examined the case in accordance with the Powers of Ombudsman conferred on him under RPG Rules. It is observed that the subject insurance is in the nature of Social Security Scheme and the present Scheme has only identified class / category of persons which means that in Social Security Scheme, whether a person is an Insured Person is decided by stipulated criteria after the claim arises and the same is governed by specific GR of the State Government. In view of this, it is considered that the subject Claim is beyond the jurisdiction of Ombudsman. Hence, an Order is passed giving liberty to the Complainant to agitate his case at any appropriate Forum.
