SAKHITOMBI DEVI Vs. ZONAL MANAGER LIC OF INDIA

JUDGEMENT

(1.) By this writ petition, the writ petitioner who is an unfortunate widow is assailing the decision of the Manager (PS/SSS/Claims) vide letter dated 23.12.1996 (Annexure A to the writ petition) to the writ petitioner, wherein Life Insurance Corporation of India had denied the claim of petitioner for the sum assured amounting to Rs. 1,00,000 under the policy No. 490445746 through Churachandpur Branch of Life Insurance Corporation of India and also the order/letter dated 4.11.98, Annexure D to the writ petition, for upholding the repudiation of the said claim for the sum assured by Silchar Divisional Office of Life Insurance Corporation of India.

(2.) Heard Mr. S.T. Kom, learned counsel appearing for the petitioner as well as Mr. T. Gogonchandra, learned counsel appearing for the respondents.

(3.) A short factual matrix of petitioner's case leading to the filing of the present writ petition is required to be recapitulated for deciding the matter in issue in the present writ petition. Petitioner's husband, namely, Langsutbum Kom, a resident of Sagang village, Churachandpur District opened a LIC policy of Life Insurance Corporation of India under the policy No. 490445746 through Churachandpur Branch of Life Insurance Corporation of India and admittedly, the date of commencement of the said policy was 15.3.1994. A copy of the said policy is available at Annexure R7 to the affidavit-in-opposition filed by the respondents. Admittedly, the matter regarding the insurance in the present case is covered by the Insurance Act, 1938. One of the conditions of the said insurance policy is that there shall be forfeiture of the sum assured under the said policy in case requirements mentioned in section 45 of the Insurance Act, 1938 are fulfilled. For easy reference, the said conditions, i.e., condition No. 5 of the said policy as well as section 45 of the Insurance Act, 1938 are quoted hereunder: Condition No. 5 of Policy No. 490445746