LAWS(ORI)-2009-7-17

REBATI NATH Vs. DIVISIONAL MANAGER

Decided On July 22, 2009
Rebati Nath Appellant
V/S
DIVISIONAL MANAGER Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ petition raising a grievance that even though her husband had paid the premiums under the Policy of Assurance issued by the Life Insurance Corporation of India, after the death of her husband in an accident the entire amount towards the death of the life assured is not being released in her favour and only a part thereof has been paid.

(2.) THE brief facts leading to the writ application are as follows :

(3.) A counter affidavit has been filed by the opposite party-Corporation. In Paragraph 14 of the said counter affidavit it has been stated that the petitioner is not entitled to get the benefit provided under Clause 10.2 (b) of the Conditions of Policy because the death of the husband of the petitioner was not caused by an accident but it was a case of murder as per the FIR lodged by the petitioner vide Annexure 8.