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1999 Supreme(Ori) 408

P.C.NAIK, ARIJIT PASAYAT
SOVASRI DALAI – Appellant
Versus
DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates Appeared:
B.K. Mohanty, P.K. Bhuyan, S.K. Patnaik and R. Mohanty, for the Appellant; Bibakanada Nayak, A.K. Dora, B.B. Mohapatra and A.K. Mishra, for the Respondent

JUDGMENT :

Pasayat, J. - The case at hand has a chequered career and has travelled the corridors of various Courts and forums mostly on the question of jurisdiction and not so much on factual aspects which are almost undisputed.

2. The background facts leading to filing of this writ application are essentially as follows:-

Petitioner is the widow of one Hrudananda Setha (hereinafter referred to as the 'deceased') who expired on July 17, 1990 while working as Mobile Unit Supervisor (Junior Engineer) under the Executive Engineer Rural Water Supply and Sanitation Division No. 1 (opposite parry No. 3). The marriage was solemnised on January 30, 1990. During service prior to the marriage, deceased Hrudananda had taken a life insurance policy issued by the Life Insurance Corporation of India (in short, 'LIC'). The proposal for the same was submitted on November 28, 1989 along with the initial premium for two months. In the proposal letter, father of the deceased, namely, Haribandhu Setha (opposite party No. 4) was the nominee. In acknowledgment of the proposal, a policy was issued on November 30, 1989 for a sum of Rs. 1 lakh, the mode of payment of the premium was provided in the Governmen































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