- (1.) M. Katju, J. This writ petition has been filed for a mandamus directing the respondents to pay the assured amount of Insurance Policies (Annexures-1 to 4 to the petition), belonging to Sri Om Prakash Srivastava, husband of petitioner No. 1 Smt. Renu Srivastava who died on 9-5-1996 alongwith interest. The petitioners have also prayed that respondents be restrained from making deduction from the assured amount in pursuance of letter dated 30-11-1998.
(2.) HEARD learned Counsel for the parties. Sri Om Prakash Srivastava, husband of petitioner No. 1 had taken four Insurance Policies, copies of which are (Annexures 1 to 4 to the petition ). Annexure-1 is the copy of the policy which he took when he was a Sales Tax Officer and Annexures 2, 3 and 4 when he was Assistant Commissioner, Sales Tax. He died by a heart attack on 9-5-1996. It is alleged in paragraphs 11 to 15 of the petition that Sri Om Prakash Srivastava had heavy burden of official and family responsibilities. It is alleged in para 19 that he took medical leave from 8-11-1995 to 26-3-1996 so that both his children may complete their Board examination with meritorious performance and he may be able to provide residential accommodation to his family.
(3.) IT is alleged in paragraph 20 that long medical leave cannot give inference of any ailment which can deprive insurance money to the family. In para 22 it is alleged that due to the exorbitant expenditure incurred in the construction of his residential accommodation from 8-11-1995 to 26-3-1996 while Om Prakash Srivastava was on long leave, the premium of his policies could not be deposited within time and the same were revived after taking a declaration that he is not suffering from any serious ailments. IT is not correct that he withheld any information about his health from the L. I. C. After his death his widow, petitioner No. 1 approached the respondent No. 3 by moving an application on 4-7-1996 vide (Annexure-7 to the petition) alongwith the relevant documents but the L. I. C. repudiated the liability alleging that Om Prakash Srivastava had withheld correct information regarding his health at the time of reviving his policies vide Annexures 8 to 11 to the petition. In the order dated 20-3-1997 the Divisional Manager, LIC has stated that since Om Prakash Srivastava availed medical leave, hence he withheld the correct information from the LIC at the time of revival of his policies. Respondent No. 1 took into consideration the medical certificate showing that Om Prakash Srivastava suffered from Primary Pulmonary Hypertension vide certificate of Dr. D. K. Agrawal dated 1-8- 1995 (Annexure-17 to the petition ). However, the Branch Manager, LIC has issued a letter dated 30-11- 1998 stating therein that the LIC has accepted the claim of two policies only to the extent of half of the insured amount. The claim in respect of the other two policies was rejected. Aggrieved this petition has been filed.;