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2018 Supreme(Jhk) 39

ANUBHA RAWAT CHOUDHARY
Branch Manager, National Insurance Company Ltd. – Appellant
Versus
Nasiran Khatoon – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G.C. Jha, Adv.
For the Respondent: Mr. Amit Kumar Das, Adv.

JUDGMENT :

Heard Mr. G.C. Jha, counsel appearing for the petitioner.

2. Heard Mr. A.K. Das, counsel appearing on behalf of the respondent no.1.

3. Counsel for the petitioner submits that respondent no.2 is a proforma-respondent and there is no need to serve him notice as the petitioner is not claiming any relief against respondent no.2.

4. This writ petition has been filed by the petitioner challenging the order dated 24.02.2010 passed in Pre-litigation Case No.07 of 2009 passed by Permanent Lok Adalat, Hazaribagh in exercise of its powers under Section 22(c) of chapter VI-A (pre-litigation conciliation and settlement) of the Legal Services Authority Act, 1987, who by the impugned order dated 24.02.2010 has held that murder of the insured person is also covered by the insurance policy and accordingly, both the parties were directed to file their written-statement in the matter.

5. Counsel for the petitioner fairly submitted that the judgment which was relied upon by the Insurance Company before the learned court below was over-ruled by a subsequent judgment which was filed by the Claimant before the same court.

6. Counsel for the petitioner has filed the insurance policy alongwith the su










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