Chhattisgarh HC Upholds Rejection Of Son’s Drowning Compensation Claim, Citing Father’s Epilepsy, Shallow Water And No Diatom Test

The petitioner sought ex-gratia compensation under the Chhattisgarh State Revenue Book Circular (RBC) following his father’s death after falling into a river.

The post-mortem report recorded asphyxia due to drowning and described the death as accidental.

The claim was rejected after an enquiry found that the water was approximately three feet deep and had no flow; the petitioner had also stated that his father suffered from epilepsy and could experience seizures or dizziness.

The petitioner challenged the rejection before the High Court

The Court considered the State’s RBC provisions for ex-gratia compensation in cases of death by drowning.

It held that a finding of asphyxia alone did not conclusively establish death by drowning and that a Diatom Test is required to verify antemortem water inhalation in suspected drowning cases.

The judgment did not identify a specific RBC clause, statutory provision, or precedent

The Court found that although the post-mortem report recorded asphyxia, there was no Diatom Test or other definitive evidence on record establishing death by drowning.

It also relied on the petitioner’s admission that the deceased suffered from epilepsy and could collapse during seizures or dizziness, together with the finding that the water was shallow.

On that basis, the Court concluded that the death did not satisfy the criteria for RBC compensation and that the rejection disclosed no legal infirmity

The writ petition was dismissed