JUDGMENT :

Biswanath Rath, J.

This case is filed by the petitioner seeking quashing of order vide Annexure-5 passed by opposite party no.1 and thereby further issuing a writ of mandamus directing the opposite parties to make payment of Rs.1,00,000/-(rupees one lakh) towards the whole insured money as against the particular insurance policy in respect of the brother of the petitioner.

2. Fact as revealed from the case is that the brother of the petitioner undertook a Endowment Assurance Policy bearing No.584714018 amounting to Rs.1,00,000/-(rupees one lakh) through Life Insurance Corporation of India. The policy was purchased on 23.09.2002 bearing Policy No.584714018 to mature on 23.09.2018. The petitioner’s case is that his brother went on making the premium till he last breathed on 27.05.2003. His brother died suffering from fever and dysentery and on his death the petitioner claimed the amount involved under the Life Insurance Policy concerning his brother from Insurance Company which claim has been denied by the Insurance Company by a reply dated 15.03.2004 under the premises that the policy was obtained making deliberate mis-statement and withholding material information with r