Saraswathy v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Saraswathy
...Petitioner
Vs.
1.
The Branch Manager, Life Insurance Corporation of India, Tambaram Branch, Chennai.
2.
The Manager, Life Insurance Corporation of India, Southern Zonal Office Chennai, 102, Anna Salai, Triplicane, Chennai, Tamilnadu - 600 002.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent LIC to release the insurance assured sum of Rs.50,00,000/-(Rupees Fifty lakhs). For Petitioner : Mr.S.Nirmal Aditya Page No.1 of 6
O R D E R
The petitioner has filed this Writ petition seeking direction to the 1st respondent LIC to release the insurance assured sum of Rs.50,00,000/-.
2. Since no adverse order is being passed against the respondents, notice to the respondents is dispensed with.
3. The case of the petitioner is that, the petitioner's son namely C.Loganathan/the insured, during his lifetime had taken a life insurance policy bearing Policy No.706512016 dated 10.12.2012 under Amulya Jeevan for an assured sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) from the respondent Life Insurance Corporation of India and he paid the premium for the policy regularly without any default until his demise. While so, after the demise of the said Loganathan/the insured, the petitioner, who is the mother of the deceased, being the nominee for the said policy as per the terms and conditions of the insurance policy and section 39 of the Insurance act, 1938, made a claim before the 1st respondent on 29.07.2024 along with the Page No.2 of 6
necessary documents seeking payment of admitted amount of Rs.50,00,000/- in the event of death of the insured. Though, the said application was accepted and a receipt was also issued on 29.07.2024, however, till date, the said claim of the petitioner has not been processed. Hence, this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the claim made by the petitioner on 29.07.2024 and consequently, release the insurance assured sum of Rs.50,00,000/- in favour of the petitioner, as expeditiously as possible.
5. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 1st respondent to consider the petitioner's claim dated 29.07.2024 on merits and in accordance with law and pass appropriate orders within a period of two (2) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
Page No.3 of 6
6. With the above directions, this Writ Petition stands disposed of. No costs.
18.10.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:
1.
The Branch Manager, Life Insurance Corporation of India, Tambaram Branch, Chennai.
2.
The Manager, Life Insurance Corporation of India, Southern Zonal Office Chennai, 102, Anna Salai, Triplicane, Chennai, Tamilnadu - 600 002.
Page No.4 of 6
M.DHANDAPANI, J.
skt Page No.5 of 6
18.10.2024 Page No.6 of 6