JOLLYRANI MOHAPATRA Vs. LIC OF INDIA, MUMBAI

JUDGEMENT

(1.) Mr. Singh, learned advocate appears on behalf of petitioner and submits, his client is nominee under four life insurance policies taken by her nephew, since deceased. All four policies were taken from opposite party no.1 (LIC of India). Particulars of the policies are given below:-

(2.) He submits, long thereafter on 27/7/2005, the Deceased Life Assured (DLA) met with motor accident. On 30/7/2005 the DLA succumbed to the injuries. Opposite party no.1 rejected claims on the policies on 9/10/2007. Impugned is the rejection. He points out therefrom, basis of the repudiation was calling into question, the policies. It could not have been done as barred by sec. 45 in Insurance Act, 1938. There was complaint made at instance of opposite party no.1, which resulted in investigation by Central Bureau of Investigation (CBI) and a criminal case. Petitioner was accused no.4. By judgment dtd. 27/9/2014, the Special Judge, CBI Court acquitted all the accused. On query from Court he submits, charges against his client were under Sec. 120-B/420/511 IPC.

(3.) Mr. Panda, learned advocate appears on behalf of the insurance company. He submits, there was fraud practiced. There was misrepresentation. The DLA was mentally retarded. The school certificate and the income certificate submitted were false. Answers to questions in the proposal forms were also false. In the circumstances the repudiation was duly made as covering claims under all four policies.