Rubi Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3011 of 2021 ====================================================== Rubi Kumari, W/o Late Vishnu Kumar @ Vishnu Kumar Yadav, Resident of Ward No. 9, Village and P.O. - Deviganj, P.S. Narpatganj, District - Araria. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary of Finance Department. 2.

The Zonal Manager, LIC of India, East Central Zonal Office, Jeevan Deep Building, Exhibition Road, Patna - 800001.

3.

P.Sr. Divisional Manager, Baghalpur Divisional Office, Claim Department, Jeevan Prakash, Zero Mile, Baghalpur - 813210. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sandesh Roy, Advocate Ms. Sikha Roy, Advocate For the Respondent/s :

Dr. K. N. Singh, A.S.G.

Mr. Abhay Shankar Jha, CGC Mr. Rajnikant Singh, Advocate Mr. Rakesh Kumar, Advocate Mr. Abhimanyu Vatsa, Advocate Mr. Sameer Sawarn, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 18-01-2022 Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.3011 of 2021 dt.18-01-2022 2/3 We are of the considered view that rather than asking petitioner to approach the Central Office Claim Dispute Redressal Committee in the attending facts and circumstances, it would be only, which is fair and reasonable for the respondent -LIC to process the petitioner's claim in accordance with law and remit the amount due and payable into the petitioner's account.

We take notice of the fact that the original policy holder i.e. husband of the petitioner died on 25.02.2016 and the death certificate also stands annexed along with the petition. The claim has to be processed in accordance with law, for we notice that communication dated Nil, whereby petitioner has been asked to approach the Central Office Claim Dispute Redressal Committee, does not record any reason for rejection of the claim.

As such, we direct the respondents to forthwith process the petitioner's claim set out by the petitioner and remit the amount due and payable, in terms of the insurance policy cover, to the petitioner.

Needful shall positively be done within a period of three weeks from today.

Learned counsel for the respondents undertakes

Patna High Court CWJC No.3011 of 2021 dt.18-01-2022 3/3 to intimate the order to the appropriate authority. Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently. Present petition stands disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date