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2010 Supreme(Gau) 840

BROJENDRA PRASAD KATAKEY
Prabhabati Deka – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. A. Chamuah, Mr. A. Bordoloi and Ms. K. Barpujari
For Respondents/Defendant: Mr. K.K. Nandi, Ms. P. Borgohain and Ms. A. Banerjee

JUDGMENT

B.P. Katakey, J.

1. The petitioner, who is the widow of Jogesh Chandra Deka, an employee of Assam Khadi and Village Industries Board ('the Board'), by the present petition, is praying for a direction to the respondents, including the Life Insurance Corporation of India (in short, the Corporation), to satisfy the claim lodged by her on account of the death of her husband, against the group insurance cover scheme policy No.GSLI MP No.26223.

2. The petitioner's husband, who was the Registrar of the Board, died in harness on 4th March, 2001. While her husband was in service, a group insurance policy bearing No.GSLI MP No.26223 was taken by the Board, with its Chief Executive Officer as the master policyholder, from the respondent-Corporation insuring the lives of its employees, including the petitioner's husband. Under the scheme of such policy, the master policyholder is required to deposit lump sum premium after deducting proportionate amount from the members of the group. One of such premiums was payable in the month of February 2001. The master policyholder, however, initially had issued a cheque dated 5 March 2001 in favour of the respondent-Corporation towards the premium p














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