Patna High CourtCWJC/7257/2015dismissed

Sarwawati Devi v. The Branch Manager Life Insurance Corporation Of India And ANR

2018-10-05Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7257 of 2015 dt.05-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7257 of 2015 =========================================================== Sarsawati Devi Wife of Basudeo Parjapat, Resident of Mohalla- Maranpur, P.S. Chandchoura, District- Gaya.

.... .... Petitioner

Versus

1. The Branch Manager, Life Insurance Corporation of India, Branch-Gaya-I, Mustafabad, P.S. Rampur, District- Gaya.

2. The Divisional Manager, Life Insurance Corporation of India, Patna Division, Patna, P.O. C.P.O., District- Patna.

.... .... Respondens =========================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Saxena, Advocate. For the Respondents : Mr. Rajendra Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-10-2018 The present writ petition has been filed for a direction to the respondents to pay the interest amount accrued on the amount on Policy No. 513404493 since the year 2007 till the date of payment which has not been paid as yet to the petitioner by the respondent no. 1.

2. Learned counsel for the petitioner submits that pursuant to death of the policy holder Sri Arvind Kumar on 20.03.2007 leaving his mother, the petitioner as the nominee, payment of the death claim was made by Cheque No. 048278 dated 16.02.2010 without however, payment of any interest for the delayed payment. A representation for payment of interest was made on 26.08.2010

Patna High Court CWJC No.7257 of 2015 dt.05-10-2018 (Annexure-1) before the Branch Manager, LIC, Gaya (Respondent No. 1) but to no avail.

3. None appears on behalf of the respondents-LIC when the matter is called.

4. Having heard the petitioner and on consideration of the materials on record, this Court is of the view that the petitioner is not entitled to relief from this Court in its extra ordinary writ jurisdiction. Apart from the fact that the writ petition has been filed only for payment of interest which constitutes a mere money claim, there is inordinate delay on the part of the petitioner in approaching this Court in the year 2015 in respect of claim for interest raised on 26.08.2010.

5. This Court is therefore not inclined to interfere in the matter. The writ petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.10.2018 Transmission Date N.A.