Interpretation of insurance policy provisions and their applicability to the specific circumstances of the case.

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 supplementary-affidavit dated 24.02.2018, wherein the deceased has been shown as the Insured and his wife has been shown as the nominee. The terms and conditions which has been placed by the counsel for the petitioner is the Proviso which is as follows:

“Provided always that the Company shall not be liable under this policy for :

(1) Payment of compensation in respect of injury or disablement directly or indirectly arising out of or contributed to by or traceable to any disability existing on the date of issue of this policy.

(2) Payment of compensation in respect of death, injury or disablement of the Insured from (a) intentional self injury, suicide or attempted suicide (b) whilst under the influence of intoxicating liquor or drug (c) directly or indirectly caused by insanity (d) arising or resulting from the Insured committing any breach of the law with criminal intent (e) service on duty with any armed force.”

7. The only point raised by the counsel for the petitioner is that in view of Proviso-2(d), the claim filed by the Claimant may not be covered under the insurance policy. However, during the course of argument the counsel for the petitioner submitted that the deceased was missing from 03.11.2002 and his dead body was recovered on 08.11.2002 and accordingly, there is nothing on record to suggest any act on the part of the deceased so as to deny the nominee the benefit of the insurance policy.

8. Counsel for the respondent no.1, on the other hand submits that there is nothing on record to bring the deceased within the Proviso-2(d) of the insurance policy and if any such allegation was made, it was for the Insurer to raise such point. The Insurer has never raised any such point at any stage even in the writ petition and accordingly, the impugned order has rightly been passed by the authority asking the parties to file their written statement in the matter. No other point has been advanced by the counsel appearing on behalf of the petitioner.

9. After hearing counsel for the parties and looking to the facts and circumstances of this case, this Court is not inclined to grant any relief to the writ petitioner herein, particularly in view of the fact that admittedly there is nothing on record i.e. neither any pleading nor any material to bring the deceased within the Proviso-2(d) of the insurance policy so as to deny the claim to the Claimant.

10. In view of the aforesaid fact and after perusing the materials on record, this Court is of the view that the impugned order has rightly been passed by the Permanent Lok Adalat, Hazaribagh. Since the claim was filed as back as in the year, 2009 and the matter has remained pending for a long time, the Permanent Lok Adalat, Hazaribagh is directed to expedite the matter and pass appropriate orders within a period of