Kusum Devi v. The Life Insurance Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5052 of 2025 ====================================================== Kusum Devi W/o Late Mithlesh Kumar, Resident of Mohalla- Station Road Baghe Medical Ka Gali Lansan Road, Dehri, P.S.- Dalmiyanagar, DistrictRohtas. ... ... Petitioner/s

Versus

1.

The Life Insurance of India through its Zonal Manager, L.I.C. of India, East Central Zonal Office, Jeevan Deep Building, Exhibition Road, Patna. 2.

The Senior Branch Manager, L.I.C. Patna Division, Jeevan Deep Building, 1st Floor, Exhibition Road, Patna.

3.

The Claim Officer, L.I.C. Patna Division, Jeevan Deep Building 1st Floor, Exhibition Road, Patna.

4.

Shilpi Kumari, W/o Late Sanjeev Kumar, D/o Basant Singh, Resident of Village- Jaihind Tendur, P.S.- Mali (Nabi Nagar), District- Aurangabad (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Gupta, Advocate.

For the Respondent/s :

Mr. Sameer Sawarn, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-09-2025 The matter is placed today under the caption 'To Be Mentioned'.

2. Learned counsel for the petitioner states that by mistake the name of the deceased policy holder was mentioned as Late Mithilesh Kumar Singh in the first paragraph of the present writ petition but actually the name of the deceased policy holder should had been Sanjeev Kumar.

3. Learned counsel for the petitioner is directed to

Patna High Court CWJC No.5052 of 2025(6) dt.16-09-2025 2/3 correct the name of the late policy holder during the course of the day.

4. Heard learned counsel for the parties.

5. The present Writ Petition has been filed for the following relief(s):- "That this writ application is being filed on behalf of the above-named petitioner for giving direction to respondent-authority to pay death claim and other benefit regarding Policy No.

827378947 of Late Sanjeev Kumar."

6. In the counter filed by the Respondent-LIC of India, it is specifically stated that the Respondent No. 4 was nominated by the deceased Sanjeev Kumar and the death benefits have been settled in favour of the Respondent No. 4 who happens to be the wife of the deceased.

7. Having regard to the same, the present writ petition is disposed of granting liberty to the petitioner to avail the legal remedies as available to her under the law. If the petitioner is so advised she can file a civil suit before the competent Civil Court for entitlement of her share in terms of the judgments of the Hon'ble Supreme Court in the case of Smt. Sarbati Devi & Anr. Vs. Smt. Usha Devi reported in AIR 1984 SC 346 and in the case of Shipra Sengupta Vs. Mridul Sengupta & Ors. reported in 2010(2) PLJR SC 1, para-17 to 19.

Patna High Court CWJC No.5052 of 2025(6) dt.16-09-2025 3/3

8. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U