[2026:RJ-JD:14711]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 64/2026

1. Kotak Mahindra Life Insurance Co. Ltd., Through Its Authorized Signatory, Having Its Branch Office At Flat No. 115/3, Solitaire Building, Near Sps School, Pwd Colony, Jodhpur, Raj. 342001.

2. Kotak Mahindra Life Insurance Co. Ltd, Through Claims Manager Groups, Having Its Head Office At - 7Th Floor, Building No. 21, Infinity Park, Off Western Express Highway, General A. K. Vaidya Marg, Malad (East), Mumbai - 400097, Maharashtra Now At 9Th Floor, Unit No. 901, A Wing Intelion Square, Building, No. 4, Infinity Park, Off W.e. Highway, General Ak Vaidya Marg, Malad (E), Mumbai 400097.

----Petitioners Versus

1. Prakash Bhatt S/o Late Shri Lunaram, Resident Of Devi Road, Vikas Nagar, Chandana Bhakhar, Jodhpur, 342008, Raj.

2. Nemichand S/o Late Shri Lunaram, Resident Of Devi Road, Vikas Nagar, Chandana Bhakhar, Jodhpur, 342008.

Raj.

3. Mentor Home Loan India Ltd., (Formerly Known As Mentor India Ltd.), Through Its Authorized Signatory, Having Its Branch At Residency Road, Jodhpur, Rajasthan 342001, Raj.

4. Mentor Home Loan India Ltd., (Formerly Known As Mentor India Ltd.), Through Its Manager Director, Having Its Head Office At B-9, Mentor House, Govind Marg, Sethi Colony, Transport Nagar, Jaipur - 302004, Raj.

----Respondents For Petitioner(s) : Mr. Sanjay Nahar Mr. Prateek Kasliwal For Respondent(s) :

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/04/2026

1. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

“In the circumstances the Petitioner prays that this Hon'ble court may be pleased to:-

a) Allow the instant writ petition and set aside the Award dated 17.07.2025 passed by the Learned Permanent Lok Adalat, Jodhpur (Rajasthan); AND (Annex-1)

b) Pass any other order(s), which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. The award dated 17.07.2025 passed by the Permanent Lok Adalat, Jodhpur in Public Utility Service Case No. 128/2020 (Prakash Bhatt & Anr. vs. Mentor Home Loan India Ltd. & Ors.) has been challenged primarily on the ground that, while passing the impugned award in favour of the claimants, the learned Permanent Lok Adalat failed to appreciate that the deceased, who was insured with the petitioner – Kotak Mahindra Life Insurance Company Ltd., had obtained the insurance cover by concealing a pre-existing ailment relating to liver/ kidney disease.

3. According to the petitioners, at the time of submitting the proposal form, the deceased did not disclose that he was suffering from chronic liver and kidney disease due to alcohol consumption. It is contended that had the said fact been disclosed, the insurance cover might not have been issued, or the terms and conditions of the policy, bearing No. GA000232 dated 28.06.2018, would have been different.

4. This Court repeatedly queried learned counsel for the petitioners as to whether the deceased had died due to liver/kidney disease, which, according to the insurance company, had been concealed, and whether the medical records reflected the same as the cause of death. In response, learned counsel submitted that even if the liver/kidney disease was not the sole cause of death, the concealment of a pre-existing ailment at the time of obtaining the insurance policy disentitled the claimants from any relief granted by the Permanent Lok Adalat.

5. This Court does not find any merit in the aforesaid contention. Insurance policies are essentially taken to provide financial security and protection to the family against unforeseen risks such as death or medical emergencies. After the death of the insured, the reasons for alleged non-disclosure of pre-existing ailments cannot be explained by the deceased. It would be unjust to deny the benefit of the insurance policy to the family members solely on the ground of non-disclosure of pre-existing ailments, particularly when the insurance company has fa