IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.219 of 2008
SMT.SHOBHA KESHRI
Versus
THE CHAIRMAN,L.I.C.OF INDIA &Ors
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For the Appellant : Mr. Sunil Kr. Verma, Advocate
For the Respondents : Mr. Rajeev Ranjan Pd., Adv.
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
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Dated, the 2nd July, 2008.
We heard the counsel for the parties.
2. It is not in dispute that the husband of the appellant
had taken two policies from the Life Insurance Corporation ( for short
‘LIC’ ). The two policies were in the sum of rupees one lac each.
Since the assured died within six months of the first policy and almost
a month of the second policy, the LIC repudiated the claim under
section 45 of the Insurance Act, 1938.
3. The counsel for LIC says that against the two policies
taken by the appellant’s husband, it has been decided to give ex gratia
payment of rupees one lac each. He further submits that the said
amount has not been accepted by the appellant and she is also not
willing to give discharge certificate.
4. Having considered the submissions of the counsel for
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the appellant and LIC, we are satisfied that the following order shall
meet the ends of justice –
(i) LIC shall give ex gratia payment of rupees one lac
each to the appellant as has been decided by them, against the two
policies dated 28th October, 1999 and 8th March, 2000 taken by the
appellant’s husband.
(ii) The receipt thereof shall be given by the appellant to
LIC. However, this will not preclude the appellant in raising claim
for further amount before the Civil Court in respect of the two
policies taken out by her husband.
(iii) If any decree is passed in favour of the appellant in
such suit, the amount of rupees two lacs given to the appellant by way
of ex gratia payment shall be adjusted and no interest shall be payable
on this amount.
5. The appeal is disposed of in the aforesaid terms.
R. M. Lodha, CJ
Kishore K. Mandal, J
Anil/