NHRC notice to SBI on customer’s death in firing

Kendrapara: The National Human Rights Commission (NHRC) has served a notice on the National Insurance Company’s Mumbai divisional office to submit reports forwarded by the State Bank of India and its response, within six weeks relating to compensation for death of an elderly person.

The CMD of SBI, Mumbai, has also been ordered to update the status of insurance compensation related to the death of the person in the hands of a security guard, while he was loading a gun at Kendupatna SBI in 2016.

Acting on a plea filed by Supreme Court lawyer Radhakanta Tripathy, the NHRC has issued the order recently. Petitioner said Trilochan Samal, an elderly customer, died in firing by the security guard of the SBI urging NHRC to book the guard and provide a compensation of Rs 20 lakh to the bereaved family.

Responding to the NHRC direction, Cuttack Superintendent of Police said Trilochan Samal of Khandagaon was waiting inside the SBI hall at Kendupatna to withdraw money. As he was not well-versed in bank formalities, security guard Rajendera Kumar Malla helped fill the customer’s form.

Meanwhile, his licensed DBBL gun loaded with cartridge put across the shoulder of the guard exploded when the guard bowed down and in the process his finger inadvertently pushed the trigger injuring Trilochan’s thigh. He was admitted to the SCB, MCH, Cuttack, with the help of bank staff in an ambulance. But he was brought dead, said the medical officer.

Accused Rajendra Kumar Malla (guard of SBI) was arrested October 26, 2016 and forwarded to the court the following day under U/S 304 of IPC and 25/27 of the Arms Act.

The report of SBI chief general manager states that the bank has paid Rs.1 lakh to the deceased’s family as interim relief and the staff of the branch had also contributed Rs 85,000 to the bereaved family. The bank has an insurance policy tied-up with the National Insurance Company Ltd covering such mishaps.

The legal heirs of victim Trilochan Samal filed complaints before the NHRC stating that when he approached the branch manager for compensation of Rs 20,00,000 the bank declined to compensate by making flimsy excuses that the security man was hired from a security agency. Further, the bank authorities advised the legal heirs of the deceased to seek compensation before a competent court, as the bank was covered under a Master Insurance Policy of National Insurance Co.

When the heirs sought info about master insurance policy, the bank declined to furnish details stating that it is an internal matter that cannot be disclosed u/s 8 (1) (d) of the RTI Act.

The NHRC noted that the “pleas taken by the bank are vexatious and humiliating to human dignity.” A longtime has passed since the death of the victim in 2016 and there was human rights violation of the affected persons, the NHRC said. “Therefore, the Commission directs the CMD of SBI, Mumbai, to submit the report about lawful compensation to the next of kin of the deceased, within four weeks, failing which the commission shall take recourse to coercive process of the Protection of Human Rights Act, 1993,” the rights panel added.

PNN

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