Nirmala, W/O. Late Jayamoorthy v. Life Insurance Corpn. Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.28252 of 2004 Nirmala ... Petitioner vs.

1.The Divisional Manager, Life Insurance Corporation of India, Divisional Office, Jeevan Prakash, Arcot Road, Vellore 632 004.

2.The Zonal Manager, Life Insurance Corporation of India, Zonal Office, Anna Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents herein to pay to the petitioner herein the sum assured of Rs.1,00,000/- (Rupees one lakh only), the sole nominee in the L.I.C. Policy No.733121177 dated 28-07-2002. For Petitioner :

Mr.R.Sampath Kumar For R1 :

No appearance.

For R2 :

Mr.N.Vijayaraghavan

O R D E R

Today, when the matter is came up for hearing, it is represented by the learned counsel for the petitioner that even though the payment is for Rs.1,00,000/-, the parties have agreed to settle the matter for a sum of Rs.75000/- in full quit of all the claims of this issue.

2.It is represented by the learned counsel for the second respondent that at the time of availing the policy, incorrect details were given, with regard to the illness that the deceased was suffering, namely Pyrexia, Acute Bronchitis and https://hcservices.ecourts.gov.in/hcservices/

Enteric Fever and the petitioner being a legal heir would not be entitled to any amount, much less the amount demanded in the Writ Petition.

3.Taking note of the fact that the premium has been paid and the matter is pending for nearly 14 years and that insured died on 02.05.2003 and the parties have arrived at an amicable settlement for the aforesaid amount in full quit of their entire claim, the Writ Petition is disposed of and the respondents are directed to pay the amount of Rs.75,000/- within a period of 3 weeks from the date of receipt of a copy of this order and cheque shall be drawn in favour of the nominee namely, the petitioner and the counsel shall take the same from the insurer and hand over the same to the insured/petitioner. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dn To:

1.The Divisional Manager, Life Insurance Corporation of India, Divisional Office, Jeevan Prakash, Arcot Road, Vellore 632 004.

2.The Zonal Manager, Life Insurance Corporation of India, Zonal Office, Anna Salai, Chennai - 600 002.

+1 cc to Mr.N.Vijayaraghavan Advocate sr 51641 W.P.No.28252 of 2004 pvs(co) aa14/08/2017 https://hcservices.ecourts.gov.in/hcservices/