The Kerala State Human Rights Commission has intervened in a decade-long case of a missing fisherman, directing an insurance company to decide on the claim filed by his family within two months. Biju, a fisherman from Pallithura, went missing on November 16, 2014, while venturing into the sea from the Vizhinjam coast. Despite the family producing a certificate of “man missing” issued by the sub-collector, the insurance company, United India Insurance Company, rejected the claim citing technicalities.
The Commission, led by Chairperson Justice Alexander Thomas, observed that the insurance company’s reliance on technicalities was unjust, particularly given the circumstances of the case. The company had argued that the family had reported the matter only three years after Biju went missing, and the claim was submitted nine years later, making it ineligible. However, Justice Thomas dismissed this argument, citing Section 108 of the Indian Evidence Act, which states that a person can be presumed dead only after seven years of being reported missing.
The Commission noted that the seven-year period ended in 2021, but the petitioner, Biju’s mother Margaret, had approached the insurance company as early as 2019. Furthermore, the insurance scheme was part of the government’s special insurance project under the Fishermen Welfare Fund Board, with the government paying the insurance premium. This distinction is significant, as it highlights the government’s role in providing support to the families of missing fishermen.
The Kerala State Human Rights Commission’s directive is a compassionate move, acknowledging the difficulties faced by the family of the missing fisherman. The Commission’s order emphasizes the need for insurance companies to prioritize humanitarian considerations over technicalities, particularly in cases where the government is involved. By directing the insurance company to make a decision on the claim within two months, the Commission is ensuring that the family receives a timely and fair resolution to their complaint.
This case underscores the importance of having a supportive system in place for the families of missing persons, including access to insurance claims and government support. The Commission’s intervention serves as a reminder that the rights of citizens, particularly those in vulnerable situations, must be protected and respected. As the family of Biju awaits the insurance company’s decision, they can take comfort in the knowledge that the Kerala State Human Rights Commission is advocating on their behalf, championing their right to fair treatment and compensation.