DEPUTY DIVISIONAL MANAGER Vs. JHARNA GHOSH

JUDGEMENT

(1.) The Petitioners have challenged the validity of judgment and award dated 29.12.2010, passed by the learned Permanent Lok Adalat, Tripura, Agartala, in connection with LA Case (PUS) No. 05 of 2010, wherein the Petitioners were directed to pay the assured sum of Rs. 1,00,000/-(rupees one lakh) to the claimant Respondent within a period of one month together with interest thereon and also cost of Rs. 5,000/-.

(2.) I have heard Mr. A. Lodh, learned Counsel for the writ Petitioners, and Mr. T.D. Majumder, learned Counsel appearing for the Respondent.

(3.) The pleaded case of the Petitioners is that the Respondent as claimant lodged a complaint before the learned Permanent Lok Adalat, Tripura, Agartala, stating therein, that the opposite parties-Petitioners, as insurer, had issued a Postal Life Insurance Policy bearing No. NE-27170-CS dated 12.04.2006, in the name of her husband Harilal Ghosh, for a sum of Rs. 1,00,000/-(rupees one lakh). The aforesaid sum was proposed to be matured on 20.03.2019. However, unfortunately, the husband of the Respondent died on 10.01.2007. Accordingly, the Respondent claimed benefit of the insurance policy before the Petitioners. However, by a letter dated 17.06.2009, the Petitioners repudiated the claim of the Respondent on the ground that the husband of the Respondent died due to hypertension within eleven months from the date of acceptance of the proposal, whereas in the proposal form the husband of the Respondent had declared that he was in sound health and he had never suffered from any disease like 'hypertension'. Since it was found in the death certificate of the insured that the cause of death was 'an old case of uncontrolled hypertension', the claim was repudiated.