SHRIRAM LIFE INSURANCE CO.LTD. Vs. SANTOSH BEHERA

JUDGEMENT

(1.) Since common question of facts and law are involved in all the above- mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal the W.P.(C) No.16722 of 2016 as the leading case for proper adjudication of all these cases.

(2.) The Petitioner/ Shriram Life Insurance Co. Ltd., in W.P.(C) No.16722 of 2016, has made a prayer to quash the award dtd. 30/5/2016 passed in PLA Case No.319 of 2015 by the Permanent Lok Adalat for Public Utility Services, Ganjam at Berhampur directing the Petitioner/ Shriram Life Insurance Co. Ltd. to pay the death benefit under policy No.NP141400146244 with all benefits available under the said policy with interest @ 6% per annum from the date of application in favour of the present Opposite Party No.1 within a period of two months from the date of that order.

(3.) The facts narrated in the Writ Petition by the Petitioner/ Shriram Life Insurance Co. Ltd. are that the deceased-life assured (in short 'DLA') Sabitri Behera, mother of the Opposite Party No.1, had taken a life insurance policy i.e. "Shriram New Shri Raksha" bearing No.NP141400146244 from the Petitioner/ Shriram Life Insurance Co. Ltd. on 18/10/2014. The base sum assured for the aforesaid policy was Rs.5,00,000.00 in case of death, the risk cover would be double the sum assured, i.e., Rs.10,00,000.00. The premium was payable at yearly frequency @ Rs.55,733.00. The insured died unexpectedly on 23/11/2014. The Opposite Party No.1 being the registered nominee-cum-legal heir of the DLA raised death claim and submitted all required documents as sought for. The Petitioner insurer, however, repudiated the death claim on 21/5/2015 on the ground that the DLA had suppressed material facts regarding her pre-existing diseases and her annual income.