JUDGMENT
V.K. Bali, J.
1. Raj Rani widow of Shrj Gian Chand through present petition filed by her under Articles 226/227 of the Constitution of India, seeks writ in the nature of certiorari so as to quash order, Annexure P-3 and to direct respondent to pay her the amount of insurance as per the policy issued by respondent -Corporation in favour of her deceased husband.
2. It is, inter-alia, pleaded that husband of petitioner, Gian Chand, got himself insured with respondent-Corporation for a sum of
Rs. one lac and he was issued policy dated January 30, 1988. Before the issuance of policy, it is pleaded husband of petitioner was duly checked up by the doctor at Dera Bassi and then he was allowed to deposit the amount of premium, thus, he was not at fault in any way in concealing any information about his health. Gian Chand died on April 27, 1988 leaving behind petitioner as his widow and five children out of whom three are daughters. When after the death of the husband of petitioner, respondent-Corporation was approached in the matter for releasing an amount of Rs. one lac for which he was insured and the prayer was declined vide order, Annexure P-3. This writ was filed for the relief already indicated in the beginning of the judgment.
3. The cause of petitioner has been vehemently opposed and in paragraph 3 while not denying that husband of petitioner was checked by the doctor of respondent-Corporation at Dera Bassi, it has further been pleaded that at the time of taking the policy in question the deceased was suffering from Mycloid Leukemia and had been under treatment of P.G.I. Chandigarh sine June, 1986. The policy having been obtained by suppressing material information about his health and by making incorrect statements in the proposal form, was void ab-initio in terms of policy and declaration contained in the proposal form. Gian Chand had submitted proposal dated January 26, 1988 for insurance for Rs. one lac on his life. He made the following declaration :-
“I Gian Chand, the person whose life is hereinbefore proposed to be assured, do hereby declare that the foregoing statements and answers have been given by me after fully understanding the questions and the same are true and complete in every particular and that I have not withheld any information and I do hereby agree and declare that the statements and this declaration shall be the basis of contract of assurance between me and the Life Insurance Corporation of India and that if any untrue averment be contained therein the said contract shall be absolutely null and void and all moneys which shall have been paid in respect thereof shall stand forfeited to the Corporation.”
The Corporation relying upon the aforesaid declaration made in the proposal form and acting on it and honestly believing the same to be true and correct, accepted the said proposal for insurance and accordingly issued policy for rupees one lac. In the policy evidencing the contract of insurance, it is provided as follows:-
“The Life Insurance Corporation of India (hereinafter called as “the Corporation”) received a proposal and declaration, and the first premium from the proposer and the life assurance named in the Schedule and the said proposal and declaration with the statements contained and referred to therein having been agreed to by the said proposer and the Corporation as the basis of assurance, do by this policy agree, in consideration of and subject to the due receipt of subsequent premiums as set out in the Schedule, to pay the sum assured (together with such further sum or sums as may be allocated by way of bonus in the case of with profit policies) but without interest at the Branch Office of the Corporation where the policy is serviced to the person or persons to whom the sum is payable in terms of the said schedule, one proof to the satisfaction of the Corporation of the sum assured having become payable as set out in the Schedule, of the title of the said person or persons claiming payment and of the correctness of the age of the life assured stated in the proposal if not previously admitted.
AND it is hereby declared that this policy of Assurance shall be subject to the conditions and privileges printed on the back hereof and the following schedule and every endorsement placed on the policy by the Corporation shall be deemed part of the policy,”
The Insurance policy contained forfeiture clause which runs as follows:-
“5. Forfeiture in certain events:- In case the premiums shall not be duly paid or in case any condition herein contained or endorsed hereon shall be contravened or in case it is found that any untrue or incorrect statement is contained and connected documents or any material information is withheld, then and in every such case but subject to the provisions of Section 45 of the Insurance Act, 1938, wherever applicable, this policy shall be void and all claims to any benefit in virtue thereof shall cease and determine and all moneys that have been paid in consequence thereof shall belong to the Corporation excepting always insofar as relief is provided in terms of the privileges herein contained or may be lawfully granted by the Corporation.
It is, thus, pleaded that the answers contained in the proposal dated January 26, 1988 were false and were made with a view to influence the decision of respondent-Corporation in accepting the proposal of assurance. Had the deceased given correct information, Corporation would not have issued the policy in question.
4. From the pleadings of the parties, as have been extracted above, it shall be apparent that besides it being a case of contract, the basic assertion of petitioner that Gian Chand, her deceased husband, was medically fit, is a hotly disputed question of fact. This Court, in its jurisdiction vested under Article 226 of the Constitution of India, cannot go into the disputed facts. The proper course for the petitioner would have been to file civil suit. That course suggested to the learned counsel for the petitioner is not even at this stage acceptable.
Finding no merit, I dismiss this petition. Parties are, however, left to bear their own costs. It shall, however, be open to the petitioner to even now challenge the action of respondent-Corporation by way of civil suit and dismissal of this writ could not come in her way in getting decision on merits.
