[2025:RJ-JD:34825]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2050/2004

1. Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office: Jeewan Prakash, Post Box No.66, Jaipur Road, Bikaner.

2. Branch Manager, Life Insurance Corporation of India, in front of Bharatiya Hospital, Churu.

----Petitioners Versus

1. Rajak Khan S/o Vajid Khan, by caste Kayamkhani, resident of Jasarasar, Tehsil & District Churu.

2. Vijid Khan S/o Anu Khan, by caste Kayamkhani, resident of Jasarasar, Tehsil & District Churu.

3. State of Rajasthan through Secretary, Department of Law, Secretariat, Jaipur.

4. Chairman, Standing Lok Adalat, Churu.

----Respondent For Petitioner(s) : Mr. Rajeev Purohit Mr. Shashank R. Joshi For Respondent(s) : Mr. Chaitanya Gehlot with Mr. Bhawani Singh Ms. Vandana Mr. V.K. Mehta HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

06/08/2025

1. The present writ petition has been filed by the petitioner against the order dated 20.02.2004 passed by the Permanent Lok Adalat in pre-litigation case No.33/2003 and awarded a sum of Rs.48,029/- to be paid to the respondents.

2. The facts in nutshell are that mother of respondent No.1 late Smt. Janat Bano obtained a insurance policy amounting to Rs.50,000/- and a policy No.500190096 was issued to her on 01.04.1997. Respondent No.1 was shown to be the nominee in the application form by Janat Bano while seeking the said insurance policy. The said insurance policy on account of non payment of premium was discontinued. However, on depositing the premium the same was again renewed on 18.01.2002.

2.1. Unfortunately, the policy holder, Janat Bano expired on 14.05.2002 on account of brain haemorrhage. Respondent No.1, being nominee of the said insurance policy, submitted his claim before insurance company. However, the same was rejected vide letter dated 28.12.2002.

2.2. Being aggrieved by the rejections of the claim, an application was submitted by the respondent No.1 before Chairman, Permanent Lok Adalat, Churu. The Permanent Lok Adalat by the impugned order dated 20.02.2004 allowed the claim petition with a direction to the petitioners to pay sum of Rs. 48,029/- while deducting sum of Rs.1971/- which was paid earlier.

3. This Court while issuing notices in the present writ petition passed an interim order on 18.05.2004. The interim order is reproduced as under:-

“Issue notice to the respondents to show cause as to why the writ be not admitted. Issue notice of stay application also. In the meanwhile, if the petitioner deposits the amount under award before the learned Court below within one week, the execution of the impugned order shall remain stayed. It is made clear that the amount so deposited by the petitioner shall not be paid to the claimants without express order of this Court.”

4. In view of the interim order dated 18.05.2004 the award amount as passed by the Permanent Lok Adalat was deposited by petitioner before the Civil Judge, Churu.

5. Learned counsel for the petitioners, while assailing the impugned order made the following submissions:-

i. The Permanent Lok Adalat committed serious error in allowing the claim petition of the respondent No.1 as there was suppression of material fact by Janat Bano at the time of obtaining the policy. She was suffering from epilepsy (fits) and if the said fact was disclosed then perhaps the petitioner company would not have executed any such policy in her favour. In support of the arguments advanced, the learned counsel for the petitioner has relied on the judgment passed by the Apex Court in the case of Branch Manager, Bajaj Allianz Life Insurance Company Ltd. Vs. Dalbir Kaur 2020 INSC 583, wherein the Hon’ble Apex Court while dealing with such identical issue, has observed that if the policy holder suppresses any material fact with regard to health condition while obtaining the policy then his or her claim could be refused.

ii. Despite medical prescription of the doctor being placed before the Permanent Lok Adalat,