ANUJ KUDESIA Vs. LIFE INSURANCE CORP

JUDGEMENT

(1.) Heard Sri Apoorva Tewari, learned counsel for the petitioner, Sri Mahendra Pratap Singh, learned counsel for respondents nos. 1 to 4 and Sri Tarun Chaudhary, Advocate, holding brief of Sri Mohd. Altaf Mansoor, learned counsel for respondents nos. 5 and 6.

(2.) Present petition has been filed challenging the order dtd. 27/7/2006 passed by respondent No. 4 and order dtd. 17/8/2006 passed by respondent No. 3, whereby petitioner's claims for the insured amount and disability benefits have been rejected.

(3.) Brief facts of the case are that the petitioner, a practising advocate, purchased four insurance policies with same terms and conditions on various dates for an assured sum totalling Rs.4,10,000.00 from opposite party No. 1, Life Insurance Corporation of India (for brevity hereinafter referred to as 'Corporation'). Clause 10.2 (a) of the terms of which stipulates waiver of future premiums and payment of monthly installments as disability benefits to the assured, in addition to the assured sum, in case, the insured person is involved in an accident and suffers from a permanent disability as defined under clause 10.4 of the terms and conditions of the policy. On 14/6/2006, petitioner unfortunately met with an accident while driving his car resulting in amputation of his right arm from above his elbow. On 7/7/2006, Chief Medical Officer, Lucknow certified that the petitioner is suffering from 80% disability as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Thereafter petitioner moved claim applications under clause 10.2(a) for disability benefits before the respective Branch Managers of the Corporation. By the impugned orders, petitioner's claim for disability benefits have been rejected. Petitioner is challenging the said orders in the present writ petition.