Amrita Kumari v. The Life Insurance Corporation Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24203 of 2019 ====================================================== Amrita Kumari Wife of Late Mukesh Kumar, Daughter of Prabhu Goswami Resident of Village- Mor English, P.O.- Mor, P.S.- Mokama, District- Patna, At Present residing at village Dih Jamalpur, House no. J.W.- 022-0181, P.O.- Jamalpur, P.S.- Jamalpur, District- Munger, Pin- 811214. ... ... Petitioner/s

Versus

1.

The Life Insurance Corporation of India Through Executive Director (CRM), Yogakshema Building, Jeevan Bima Marg, Mumbai- 400021. 2.

Executive Director (CRM), Yogakshema Building, Jeevan Bima Marg, Mumbai- 400021.

3.

The Regional Manager (CRM) LIC Customer East Central Zone, BSFC Building, 1st floor, Near All India Radio, Fraser Road, Patna- 800001. 4.

The Branch Manager Life Insurance Corporation of India, Barh Branch office (530), Station Road Barh, District- Patna (Bihar). 5.

Sushila Devi Wife of Girish Goswami Resident of Village Mor English, P.O.- Mor, P.S.-Mokama, District- Patna.

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

For the Petitioner/s :

Ms. Pushpa Sinha, Advocate Mr. Rikesh Sinha, Advocate For the Respondent/s :

Mr. Abhimanyu Vatsa, Advocate Mr. Raj Dular Sah, Advocate Mr. Suresh Prasad Sah, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s):- "That this issuance mandamus writ/writs, directions is an application of writ in the nature for of and/or any other appreciate order/orders, for commanding direction/ upon the respondents authorities Life Insurance Corporation of India (LIC) for the following Reliefs:-

Patna High Court CWJC No.24203 of 2019 dt.02-01-2023 2/3 (i) To pay the Policy amount of death claim to the petitioner and her two minor daughters arising out of Life Insurance Policy Plan Jeevan Saral (plan - 165), Policy No. - 656331934 which was obtained by Late Mukesh Kumar (Husband of Petitioner).

(ii) To stop the payment of Policy amount of death claim to Respondent no. 5 (Mother of Petitioner's Husband) who is nominee.

(iii) During pendency of this writ application payment payment of policy amount of death claim to the respondent no. 5 (Mother of Petitioner's Husband) may be stayed.

(iv) Any other relief your lordships may be deem fit and proper."

The instant petition is disposed of on the following mutually agreeable terms:- (i) Petitioner as also private respondent, in fact, all the legal heirs are entitled for succession to the estate of the deceased- policy holder, namely, Mukesh Kumar, shall make themselves available in the office of the respondent no. 4, namely, the Branch Manager, Life Insurance Corporation of India, Barh Branch office (530), Station Road Barh, DistrictPatna (Bihar) on 16.01.2023 at 10:30 AM, who shall after ensuring compliance of all formalities of the legal heirs, take a decision with regard to disbursement of the insured amount. (ii) Private party(s) undertakes to comply all the formalities.

Patna High Court CWJC No.24203 of 2019 dt.02-01-2023 3/3 (iii) Amount be directly remitted into the bank account of the legal heirs.

(iv) Needful be done within a period of two months from the date of appearance of the parties. Instant petition stands disposed of in the aforesaid terms.

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

(Sanjay Karol, CJ) (Partha Sarthy, J) shiv/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date