IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2309 of 2005
Rajeshwar Mishra ...... Petitioner
Versus
Life Insurance Corporation of India & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. Shashi Kumar, Advocate
For the Respondents : Mr. Sachin Kumar, Advocate
th
05/Dated: 29 July, 2011
1.
Mr. Shashi Kumar, learned counsel appearing for the petitioner, vehemently
submitted that the claim of the wife of the petitioner under the life insurance
policy has been rejected on the whimsical ground that she was suffering from
some fever and headache. That fact was suppressed and, therefore, the whole
claim of the life insurance policy upon death of the wife of the petitioner has
been rejected and, therefore, such a rejection is not legal in the eye of law.
2. Learned counsel for the respondents is seeking time to get further
instruction.
3. Time, as prayed for, is granted.
4. Prima facie, looking to the reason for rejection, it appears that the deceased
was suffering from some fever and headache, as alleged by the respondents,
that this fact was suppressed in the application form for getting insurance
amount. This, prima facie, cannot be the basis of rejection. Moreover, rejection
of claim on the so called base of some fever and headache is also a very weak
base because it taken from some statement, given by somebody else i.e. son of
the deceased lady, who has never signed the application form. The so called
fever and headache is not even approved by any doctor. On this weak base,
strong claim of the petitioner has been rejected.
5. The matter is adjourned to be listed on 19th August, 2011.
(D.N. Patel, J.)
Ajay