BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. Vs. GOLEKH

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner -Bajaj Allianz Life Insurance Co. Ltd. (Private Insurance Company) assailing the award dated 30.11.2012 under Annexure -5 passed by the opposite party no. 2 in the Permanent Lok Adalat Case No. 1 of 2012 in allowing the claim of the claimant on account of death of the policy holder bearing no. 0079276610. The petitioner assails the award on the ground that the policy was repudiated on suppression of material fact to the effect that there was physical ailment with the victim before entering into the policy. The petitioner -company further alleges that the company has filed documents in xerox copies in proof of its allegation confirming the previous physical ailment of the victim but, for non -cooperation of Medical Authorities in spite of repeated summons, who neither produced the originals in the Court nor made it available for evidence purpose and it is only on this basis the Permanent Lok Adalat has disbelieved the case of the Insurance Company and has passed the impugned award in favour of the claimants.

(2.) PERUSAL of the impugned order, clearly discloses that considering the allegation of the Insurance Company the Permanent Lok Adalat has framed two vital issues vide issue nos. III and IV, which are quoted herein below: -

(3.) UNDER the above facts, submissions and the admitted position in the evidence particularly to the extent that the victim was physically examined by the doctor of the Insurance Company before entertaining the policy, I find that the Permanent Lok Adalat committed no error of law or facts. Consequently, I find no merit in the writ petition and as such while dismissing the writ petition at the instance of the Insurance Company, I confirm the award passed by the Permanent Lok Adalat. However, there shall be no order as to costs.