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2005 Supreme(Raj) 1444

S.K.KESHOTE, AJAY RASTOGI
Life Insurance Corporation of India – Appellant
Versus
Permanent Lok Adalat – Respondent


Advocates Appeared:
Shri Vizzy Agarwal, for the Petitioners.

Judgment

S.K. Keshote, J.-Heard learned Counsel for the petitioners and perused the entire record of the writ petition.

2. In the writ petition the petitioners have challenged to the Judgment and award, dated 09.07.2004, of the non-petitioner No. 1, the Permanent Lok Adalat (District Legal Service Authority) Ajmer, which is placed on the record as Annexure-9 thereto.

3. The applicant non-petitioner filed an application against the petitioner No. 2 for a direction to it to pay her the amount of Rs. 50,000/-of the life insurance policy took by her deceased husband and Rs. 10,000/-as damages; further she prayed for grant of Rs. 5,000/-as cost of the litigation.

4. The defence of the petitioners before the non-petitioner No.1 was that the deceased had oncealed an important and material fact of his suffering from Tuberculosis. It is not gainsay. Tuberculosis is not such a serious disease, which may result in causing death of patient suffering thereby in case proper treatment is taken. It is, as per the medical science, hundred percent curable. The insured died on 212.1999 whereas the policy, in question, was undisputedly taken on 04.06.1997, thus, otherwise also it cannot be taken to be




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