The Kerala State Human Rights Commission has ordered an insurance company to decide on the claim of a fisherman’s family who went missing at sea 10 years ago. Biju, a fisherman from Pallithura, went missing on November 16, 2014, after venturing into the sea from Vizhinjam coast. Despite the family producing a certificate of “man missing” issued by the sub-collector, the insurance company, United India Insurance, rejected the claim.
The claim was submitted by Biju’s mother, Margaret, in 2019, nine years after he went missing. The insurance company argued that the claim was ineligible as it was submitted three years after Biju’s disappearance. However, the Human Rights Commission dismissed this argument, citing Section 108 of the Indian Evidence Act, which presumes a person dead after seven years of being reported missing. Since the seven-year period ended in 2021, the commission considered the claim to be eligible.
The commission also noted that the insurance scheme is part of the government’s special insurance project under the Fishermen Welfare Fund Board, with the government paying the insurance premium. Therefore, the commission directed the insurance company to make a decision on the claim within two months and resolve the complaint.
The Commission’s order is seen as a compassionate move, directing the insurance company to put an end to the long-standing dispute. The government’s scheme is also expected to provide relief to the families of missing fishermen. The commission’s decision highlights the need for insurance companies to empathize with the plight of families of missing persons and to resolve their claims in a timely and fair manner.