Family of fisherman who went missing 10 years ago denied insurance claim; Human Rights Commission with decisive action

THIRUVANANTHAPURAM: The Human Rights Commission Chairperson Justice Alexander Thomas has ordered the insurance company to take a decision within two months on the issue of granting insurance claims to the claimants in the case of a fisherman who went missing from the Vizhinjam coast on November 16, 2014. The commission said in its order that it is not fair for the insurance company to use excessive technicality in such matters.

The commission issued the directive to the Divisional Manager of United India Insurance Company and the Commissioner of Kerala Fishermen Welfare Board. The insurance company rejected the claim despite the production of a certificate (man missing certificate) from the Sub-Collector stating that Biju, a native of Pallithura, Vizhinjam, was missing at sea.

The lawyer appearing for the insurance company denied the allegations. The company argued that the family filed a missing complaint about Biju, who has been missing since 2014, only 3 years ago and the insurance claim was filed 9 years ago. Therefore, the company took the stand that the claim cannot be made. Justice Alexander Thomas rejected the company's argument. The commission said in its order that a person can be presumed missing only after seven years of his disappearance under Section 108 of the Indian Evidence Act. It was 7 years since Biju went missing at sea in 2021. In 2019, Biju's mother Margaret, the complainant, had approached the insurance company. The commission said in its order that this is not just a private insurance scheme but a special insurance scheme of the government as per the rules of the Fishermen's Welfare Fund Board. It is the government that pays the insurance premium. The commission asked the insurance company to take a decision on granting the claim as soon as possible and resolve the complaint within 2 months.