JUDGMENT

Mr. Vinod S. Bhardwaj, J. (Oral)

The present petition raises a challenge to the Award dated 09.11.2017 (Annexure P-7) passed by Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali, whereby the application under Section 22 -C of the Legal Services Authority Act, 1987 filed by the petitioner had been dismissed.

2. Briefly summarized, the facts of the present case are that Harkamal Singh son of the petitioner had taken two policies in September 2012 bearing Nos.165440461 and 165440462 for Rs.1,00,000/- each from the respondent-LIC. However, on account of an accidental consumption of insecticide for medicine, he died on 20.10.2012. The petitioner being nominee in the aforesaid policies filed claim with the respondent-LIC. However, vide letter dated 31.10.2014, the above-said claim was repudiated on the ground that Harkamal Singh had committed suicide. The relevant extract of letter of repudiation reads thus:

".... This policy shall be void if the life assured commits suicide (whether sane or insane at the time) at any time on or after the date of which the risk under the policy has commenced but before the expiry of one year from the date of this policy and the corporation will not entertain any claim by virtue of this policy except to the extent of a third party's bonafide beneficial interest acquired in the policy for valuable consideration of which notice has been given in writing to the office to which premiums under the policy were paid last, at least one calendar month prior to death. ......"

3. Aggrieved of the aforesaid repudiation, the petitioner moved an application under Section 22 (C) of the Legal Services Authority, Act, 1987 before the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali.

4. Upon notice, the respondents entered appearance and filed their response taking various preliminary objections including that the claim is based on incorrect facts and false disclosures. It was also submitted that the deceased had committed suicide and as per the terms and conditions of the insurance policy, no claim is admissible to the nominee of the deceased in the event of commission of suicide by the policy holder within a period of one year of the issuance of the policy.

5. The conciliation efforts were initiated by the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali, however, the same failed to fructify in any amicable mutual settlement. Consequently, adjudication of the dispute in terms of Section 22 (C) (8) of the Legal Services Authority, Act, 1987 was initiated. Parties led their respective evidences in support of their respective contentions. Upon consideration thereof, the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali came to a conclusion that the circumstances surrounding the issue reflect that deceased Harkamal Singh had committed suicide. The application of the petitioner was accordingly dismissed. Hence, the present petition.

6. Learned counsel for the petitioner has argued that the application of the petitioner under Section 22 (C) of the Legal Services Authority, Act, 1987 has been wrongly rejected by the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali inasmuch the aspect of the son of the petitioner (insured) having committed suicide was not established. The incident in question had been duly reported to the police and inquest proceedings under Section 174 of Cr.P.C. had been conducted. Upon culmination of the proceedings, the Investigating Agency came to the conclusion that deceased Harkamal Singh, son of petitioner, had con