SATISH PATHAK Vs. ZONAL MANAGER LIC OF INDIA

JUDGEMENT

(1.) The petitioner has claimed the amounts under the policies taken by his brother, Shri Vikas Kumar Pathak, on his death and has sought quashing of orders of rejection dated 30th March, 2002 on the three policies annexed as Annexures P3 to P5 and the letter dated 30th November, 2004 communicating to the petitioner that the claim had been examined by a Retired High Court Judge and other higher authorities and it has been decided to uphold the decision of repudiation taken by the respondents.

(2.) Brief facts to comprehend the controversies are that the brother of the petitioner, Shri Vikas Kumar Pathak, who was a B.E. (Mechanical) Graduate and had joined Royal Enfield Motors on 3rd September, 1998, had taken three policies from the respondents. First policy was taken on 9th March, 1999 for a sum of Rs.4 lakhs vide Policy No.191611240 from the agents of the respondent at its Divisional Office, Jaipur. The second policy for Rs.3 lakh was taken a few days thereafter on 12th March, 1999 vide Policy No.191647494 and the third policy taken for Rs.25,000/- on 12th March, 1999 vide Policy No.191647495. In all the three policies taken by the brother of the petitioner, Shri Vikash Kumar Pathak and in the all the policies the nominee was the petitioner.

(3.) According to petitioner, his brother worked with Royal Enfield Motors till 5th May, 2000 and during his tenure he never availed any major leave and he left the job with M/s. Royal Enfield Motors on 5th May, 2000 and joined G.E. Power Pvt. Limited, Bangalore on 17th May, 2000 as Officer Sourcing and worked till 10th November, 2000. According to the petitioner, his brother expired at Ranchi on 23rd January, 2001 and a death certificate was issued on 24th January, 2001. After the demise of the petitioner's brother, petitioner filed claims fulfilling all the formalities with the office of the respondents in Jaipur.