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2003 Supreme(Raj) 1083

N.N.MATHUR, SUNIL KUMAR GARG
Rai Devi – Appellant
Versus
Managing Director – Respondent


Advocates:
For the Appellant:Mr. Mahesh Bora, Advocate.
For the Respondents:Mr. Ravi Bhansali, Advocate.

JUDGMENT

1. - Briefly stated the facts of the case are that the husband of the petitioner late Shri Gena Ram was in the employment of Rajasthan State Electricity Board (hereinafter referred to as R.S.E.B.) who was subsequently taken over by the first respondent Jodhpur Vidyut Vitran Nigam Limited, Jodhpur. The Life Insurance Corporation of India introduced a salary saving scheme in accordance with the policy for employees under one employer. The policy provided that the employer shall collect the premium from the salary of the employee and remit the LIC and if the employer fails to deposit, then LIC shall intimate the fact to the insured employee. The petitioner's husband late Shri Gena Ram took the policy for an amount of Rs. 25,000/-. The premium was regularly deducted from his salary. His husband died on 17.7.1994. On a claim being raised, the LIC replied that at the time of death of Shri Gena Ram the policy No. 182074833 was closed.

2. Thus, the petitioner approached to this court by way of a writ petition under Article 226 of the Constitution of India. The learned Single Judge rejected the writ petition on the ground that the LIC rejected the claim as back as in the year 1996,








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