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2023 Supreme(Gau) 324

SANJAY KUMAR MEDHI
Joyanta Maibangsa @ Joyanta Hojai R/o. Choto Narainpur Kachari – Appellant
Versus
Kotak Mahindra Life Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr B D Das
For the Respondent: SC, Irdai

JUDGMENT :

An unfortunate and helpless widow is before the Court with the grievance regarding non-payment of the amount covered by the Insurance Policy of her deceased husband. The husband was a victim of extremist violence and he had passed away on 28.04.2020. The life of the husband was insured with the respondent No. 1 which, however, was repudiated on 10.12.2020 on the alleged ground of suppression of facts. The efforts of the petitioner to redress her grievance by approaching the Insurance Ombudsmen having failed to yield any result, the writ court has been approached.

2. I have heard Shri B. D. Das, learned Senior Counsel assisted by Ms R. Deka, learned counsel for the petitioner whereas the respondent-Insurance Company is represented by Shri M. Sharma, learned counsel.

3. The brief facts of the case may be narrated as follows.

4. The petitioner is a widow, who has instituted the present writ petition. It is the case of the petitioner that her husband Late Sontosh Hojai, during his life-time, had obtained a Life Insurance Policy with the Kotak Mahindra Life Insurance Company Ltd. on 30.03.2018 bearing Policy No. 09870477. The name of the policy was Kotak Assured Savings Plan (Bas

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