URMILA DEVI Vs. DIVISIONAL MANAGER LIC OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for a mandamus directing the respondent Life Insurance Corporation to provide the accident benefit under the Insurance Policy No.280335095.

(2.) Heard learned Counsels for the parties. The husband of the petitioner was insured with the Life Insurance Corporation. It is alleged in para 2 of the petition that after the insurance the petitioner deposited a number of instalments within time. Unfortunately the husband of the petitioner Deep Chand Verma died on 24.7.1991 due to an accident in which head injury was caused. The information of this was given to the respondent No.2 by the petitioner on 22.8.1991 vide Annexure 1.

(3.) The petitioner, filed a claim petition for the insurance money along with relevant certificate as stated in paras 4 and 5 of the petition. The police submitted a final report mentinoning cause of death as accidental. It is alleged in Para 6 of the petition that after the accident the deceased was admitted in Primary Health Centre, Jammu for treatment and the Medical Officer issued a death certificate mentioning that the death is due to head injury, Copy of the medical certificate is Annexure 4. However, the claim of accident benefit was refused on the ground that the police had submitted a report that Deep Chand Verma was a heart patient. Copy of order dated 17.9.1993 is Annexure 6. It is stated in the order that the deceased was a heart patient and died while climbing stairs. The petitioner made a representation vide Annexure 7 and several reminders, and thereafter the petitioner filed Writ Petition No.25380 of 1994 which was decided vide Annexure 8. The representation filed by the petitioner was rejected vide Annexure 9 to the petition. By an amendment, the orders dated 17.9.1992 and 6.9.1994 have also been challenged.