R.K.AGRAWAL, PANKAJ MITHAL
RAM KALI – Appellant
Versus
LIFE INSURANCE CORPORATION, ALLAHABAD – Respondent
Hon’ble Pankaj Mithal, J.—The husband of the petitioner had taken an Insurance Policy No. 311438746 in his name for an assured sum of Rs. 40,000/- and was paying half yearly installments. The husband of the petitioner expired on 27.3.2005. Therefore, she made a claim under the policy. The Senior Divisional Manager, Life Insurance Corporation (hereinafter referred to as LIC) vide order dated 31.3.2006 rejected the claim of the petitioner on the ground that the above policy had lapsed for non-payment of premium and was revived w.e.f. 15.10.2004 on the strength of the statement of the insured dated 9.10.2004 which was subsequently found to be false. The said rejection order has been challenged by the petitioner with the prayer that she may be given the claim under the above policy.
2. Sri R.G. Padia has filed counter affidavit on behalf of the respondent LIC to which rejoinder affidavit has also been filed.
3. Heard learned counsel for the parties who agree for final disposal of the writ petition at this stage itself on the basis of the above affidavits.
4. Admittedly, the policy had been revived and it was continuing. A perusal of the statement of the insured on the basis of
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