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2003 Supreme(All) 1724

R.S.TRIPATHI, M.KATJU
SHANTA BAI – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates Appeared:
MANISH GOYAL, S.K.SRIVASTAV

M. KATJU, J.

( 1 ) THIS writ petition has been filed for quashing the impugned orders dated 25. 11. 2000 and 18. 12. 2001 (Annexure 10 to the petition) and for a mandamus directing the respondents to make payment of the petitioners insurance claim amounting to Rs. 60,000 with 18 per cent interest.

( 2 ) HEARD the learned counsel for the parties.

( 3 ) THE petitioner is a widow of late rewa who was working in the railway on the post of khalasi. It is alleged in para 3 of the petition that the petitioner is now old, infirm and sick and is wholly illiterate.

( 4 ) THE petitioners husband took LIC policy in 1997, copy of which is Annexure 1 to the petition. In 1998 again the petitioners husband took another policy from lic known as Bandobasti Bima. The petitioner was a nominee for the policy vide annexure 2 to the petition.

( 5 ) IN para 9 of the petition it is stated that the insurance policy relating to Table no. 14 is only for the persons who are below 45 years of age and a person above 45 years of age can take the policy only after a medical test vide Annexure 3 to the petition. Petitioners husband was above 45 years of age and hence he appeared for the medical test.

( 6 ) IN para












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