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1985 Supreme(Bom) 227

H.H.KANTHARIA
Asha Goel – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates:
Mrs. P.K. Singhvi with Miss. Geeta Ganapathy, for Petitioner; M.V. Paranjape i/b M/s. Little and Co. (for Nos. 1 to 3), R.C. Master with S. Shankaran Krishnan, (for No. 4), for Respondents.

JUDGMENT:- A very important question of public importance that arises in this Writ Petition is whether extraordinary jurisdiction of High Court under Art.226 of the Constitution could be invoked for issuing a Writ of Mandamus against the Life Insurance Corporation of India directing it to make payment flowing from a Life Insurance Policy. It arises thus :

2. The Petitioner, Smt. Asha Goel, is the widow of deceased Naval Kishore Goel who was an employee of the Digvijaya Woollen Mills Ltd., Jamnagar, as a Labour Officer. He submitted a proposal for a life insurance policy at Meerut in Uttar Pradesh on May 29, 1979 which was accepted and he was granted such a policy bearing No. 48264637 for a sum of Rs. 1,00,000 (One lakh). According to the petitioner her husband maintained sound health and was hale and hearty throughout his life. However, he had retrosternal chest pain sometime in Dec. 1979 when he consulted Dr. P. S. Kulkarni, Professor of Medicine, M. P. Shah Medical College, Jamnagar. He was advised rest and was relieved of his ailment within few hours. Thereafter he attended office till Dec. 1, 1980. However, on Dec. 2, 1980 he had again slight pain in the chest. He was attended t











































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