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2009 Supreme(Ori) 249

I.M.QUDDUSI, S.C.PARIJA
KUNI LATA SAHOO – Appellant
Versus
SENIOR DIVISIONAL MANAGER, LIC OF INDIA, CUTTACK – Respondent


Advocates: M.R.TRIPATHI, S.K.DAS, S.R.Subudhi, S.Swain

JUDGMENT

S. C. PARIJA, J.

( 1 ) THE widow of the deceased-insured has filed this writ petition assailing the action of the Life Insurance Corporation of India (for short 'lic') in repudiating all liabilities under the insurance policy bearing No. 580572572 on the ground that the deceased-insured had withheld correct informations regarding his health at the time of effecting the insurance policy with LIC. Accordingly the petitioner has prayed for quashing of the letter of repudiation dated 18-3-1997 (Annexure-6) and to direct payment of the sum assured under the said policy.

( 2 ) THE brief facts of the case is that the husband of the petitioner-Babaji Charan sahoo submitted a proposal for taking a life insurance policy with the LIC, Branch Office, Nimapara, in the district of Puri, on 21-2-1992. The proposal was accepted by the lic on 28-3-1992 and the insurance policy bearing No. 580572572 for an assured sum of Rs. 40,000/- was issued by the LIC in favour of the insured. The insured-Babaji charan Sahoo died on 4-6-1993 at the age of 31 years, leaving behind his wife, a daughter and a son along with his old parents. The death of insured-Babaji Charan Sahoo, as certified by the docto






















































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