KIRAN SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Delay in filing the appeal is condoned, since the cause shown is sufficient . The appeal shall be treated to have been filed in time. With the consent of the parties, the appeal is taken up for consideration and final disposal today itself.

(2.) The appellant is aggrieved by the impunged judgment dated 26-2-2001 passed by the learned Single Judge in CWJC No. 4397/2000 only to the extent, insofar as learned single Judge has not issued any direction upon the respondents to pay interest to the appellant on her claim of Rs.3 lacs against the respondents.

(3.) It is the admitted case of the parties that the husband of the appellant was insured with the respondent-company for a sum of Rs.3 lacs. It is also the admitted case of the parties that the husband of the appellant was murdered and thereupon the claim was lodged by the appellant for receipt of the insured sum. It is not the case of the respondent-Insurance Company that the appellant was guilty or negligent of lodging the claim even a day later than was required. It is also not the case of the respondent-Insurance Company that either the appellant did not die of murder or the aforesaid insurance policy was not effective or that the appellant was not entitled to receive the amount in question. In fact, the counter-affidavit filed by the respondents in the writ petition itself establishes that the respondents conducted an investigation into the aforesaid death of the husband of the appellant and its surveyor filed a report on 30th. June, 1999 (the death had taken place on 30th. Dec.,1998) whereby it came to light that the husband of the appellant was indeed killed by being shot by revolver. Para 6 of the counter-affidavit of the respondents in the writ petition being apposite is reproduced below :-"6. That the petitioner's husband Late Sanjay Kumar Singh was insured with the Oriental Insurance Company for a period of 25-7-1996 to 24-7-2006 for a sum of Rs.3,00,000/- in the event of death of the insured by accident (Annexure-1). Late S.K. Singh died on 30-12-1998 (as appeared from the death certificate). The respondent Insurance Company was informed by the petitioner regarding the death. The Insurance Company then conduct an investigation into the death of Late Sanjay Kumar Singh and its representative visited the village-Tarwadi and met concerned persons to investigate the facts and figures related to the claim application filed by the petitioner and subsequently on 30-6-1999 the said investigator submitted his investigation report by which it came to light that Late S.K. Singh was killed by revolver."