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MANAGER,L.I.C. OF INDIA,JODHPUR & ORS. versus SMT.INDUBALA JOSHI & ORS.

High Court of Rajasthan

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MANAGER,L.I.C. OF INDIA,JODHPUR & ORS. v SMT.INDUBALA JOSHI & ORS. - CW Case No. 2026 of 2005 [2005] RD-RJ 812 (8 April 2005)

S.B.Civil Writ Petition NO.2026/2005

LIC of India & Ors. vs Smt. Indubala Joshi & Ors.

DATE OF ORDER ::: APRIL 8, 2005

PRESENT

HON'BLE MR. JUSTICE PRAKASH TATIA _______________________________________

Mr. JL Purohit, for the petitioner.

Mr. NK Khandelwal ) for the respondent.

Mr. HK Purohit )

BY THE COURT :

Heard learned counsel for the parties.

Brief facts of the case are that respondent no.1's husband Mandaldutt Joshi took a life insurance policy from the petitioner on 5.7.1997. The risk coverage was upto the period of 2017. The respondent no.1's husband died on 6.1.2003. He was in government service since 1980 and died while he was in service. After the death of the insured, the respondent no.1 demanded claim from the petitioner which was denied by the petitioner on the ground that the deceased suppressed his illness and obtained the renewal of policy when he was sick and thereby he obtained the insurance policy by practicing fraud.

According to learned counsel for the petitioner, the insured was suffering from diabetes since last 10 years before his death and the insurance policy was got obtained by the deceased and got renewed by giving wrong facts about his physical condition and he suppressed his ailment of diabetes.

I have considered the submissions of learned counsel for the petitioner.

The Permanent Lok Adalat after considering the facts, held that at the time of submitting the proposal, the insured was examined by the doctors and they found no disability of insured and thereafter, the policy was renewed. It is also observed by the

Permanent Lok Adalat that the corporation, if had any doubt, it should have verified the facts but once if they have entered into the contract, they cannot deny the benefits of the insurance scheme.

In view of the judgments delivered in various cases and particularly the reasons given in the judgment of this Court delivered in the case of LIC of

India vs. State of Rajasthan & Ors. (SB Civil Writ

Petition No.2022/2005) decided today itself i.e. 8.4.2005, I do not find any merit in this writ petition and the same is hereby dismissed.

(PRAKASH TATIA), J. s.phophaliya/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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