GURJIT KAUR MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The deceased-husband of the petitioner while serving as Supdt. (BR-II) with the General Reserve Engineering Force had taken a Postal Life Insurance Policy for Rs.1 lac on 13.9.2007 with a monthly premium of Rs. 1795/-. The maturity date of the Policy was 12.9.2012. Unfortunately, the husband of the petitioner died on 29.8.2010.

(2.) The instant petition has been filed impugning the order dated 27.1.2011, Annexure P6, whereby the claim of the petitioner in relation to the afore-noticed Post Office Insurance Policy has been rejected on the ground that the deceased- husband was not medically fit at the time of taking the Policy as he was suffering from Hypertension and Obesity and had been placed in low medical category i.e. GREF-II (PNT) w.e.f. 11.8.1992.

(3.) Mr. Dhiraj Chawla, Advocate appearing for the petitioner, would vehemently argue that the husband of the petitioner had served respondent-Department for a period of almost 25 years and as such, it would be presumed that he was hale and hearty for all intents and purposes and as such, the rejection of the insurance claim at a point of time when the family was in dire need of monetary compensation, is arbitrary. It has further been argued that the petitioner was declared medically fit at the time of initial entry into service and any alleged disease of Obesity and Hypertension would be attributable to his service and the financial benefits flowing from a Life Insurance Policy cannot be denied on the basis of any such disease. Still further, argument has been raised that the deceased-husband of the petitioner was in employment of respondent-Department and it was the onus of the respondents to have acquired knowledge as regards any medical problem and once having accepted the monthly premium, the benefits flowing from policy cannot be denied on mere technicalities.