TARANNUM KHATOON Vs. BRANCH MANAGER LIC OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri R.C. Shukla, learned counsel appearing for the respondents Nos. 1, 2 and 3. Counter and rejoinder affidavits have been exchanged between the parties. We propose to dispose of the matter finally.

(2.) By this writ petition, the petitioner has prayed for quashing of the orders dated 1st May, 2008, passed by Senior Divisional Manager, Life Insurance Corporation, Varanasi and order dated 19th May, 2009, passed by Regional Manager, Kanpur (here-inafter referred to as 'Corporation'). By the order dated 1st May, 2008 the Senior Divi-sional Manager of the Corporation rejected the petitioner's claim under the insurance policy taken by Late Shahid Khan, husband of the petitioner. Subsequently order dated 19th May, 2009 was passed by the Regional Manager of the Corporation rejecting the petitioner's representation, which was dis-posed of in pursuance of an earlier order of this Court dated 13th April, 2009 passed in writ petition No.63982 of 2008.

(3.) The petitioner's case in the instant writ petition is that the petitioner is widow of Late Shahid Khan. Shahid Khan took a L.I.C. policy on 21st September, 2006, namely, "Jeevan Mitra (Triple cover) endowment plan with profit (with accident benefits)" for an amount of Rs. 1,00,000/- for a period of 15 years. The petitioner's case is that at the time of taking the policy, the petitioner's husband was healthy and there was no complaint of any ailment or any disease. The Corporation also prepared the medical examination con-fidential report and on being found the petitioner's husband healthy, the policy bond was issued. The petitioner's husband subse-quently died in Bhabhuwa Sadar Hospital, Bihar in the custody of police on 6th Sep-tember, 2007. The petitioner being nominee of the aforesaid policy made an application for claim under the policy. The said claim was rejected by the order dated 1st May, 2008. The reason given with the rejection of the claim was that petitioner's husband was suffering from Kidney disease and anaemia much prior of taking of the policy, which was not disclosed at the time of taking the policy. The order also mentions that if the petitioner is not satisfied, she can submit a representa-tion to the Regional Manager. The petitioner submitted a representation to the Regional Manager challenging the rejection of the claim and also came to this Court by filing a writ petition being writ petition No. 63982 of 2008, which was disposed of directing the Regional Manager to decide the matter. The Regional Manager rejected the claim again approving the earlier decision. The Regional Manager observed in the order that the peti-tioner was suffering from Kidney disease prior of taking L.I.C. Policy.