Sangeeta Chandra, J. - (1.) This writ petition challenges the order passed by Permanent Lok Adalat (Respondent No. 1) on 18.04.2012 in PLA Case No. 1 of 2011 by majority of the Members of Respondent No. 1. A dissenting opinion was delivered by the Chairman of Permanent Lok Adalat which has been filed as Annexure - 3 to the writ petition and reliance has been placed on the said dissenting opinion by the counsel for petitioner, Ms. Ankita Jain holding brief of Mr. Manish Goyal during the course of argument.
(2.) It has been submitted by Ms. Ankita Jain that the wife of respondent No. 2 (who is an advocate in Azamgarh), namely, Smt. Chandrakala Srivastava took a Life Insurance Policy of Rs.50,000/- bearing Policy No. 295338500 on 15.05.2009 (hereinafter to referred as first Policy) and another Life Insurance Policy for Rs. 1 Lakh bearing Policy Number 295339162 dated 25.05.2009 (hereinafterto referred as the second policy). Smt. Chandrakala Srivastava died after 15 days of taking the first policy and just after six days of taking the second policy.
(3.) The respondent No. 2 is the nominee. He submitted a claim under the two policies for Rs.1,50,000/- on 25.06.2009. Since the life assured i.e. Smt. Chandrakala Srivastava died within a short period of taking out these insurance policies, an inquiry was instituted by the petitioners in which it came out that Smt. Chandrakala Srivastava had cancer of the Gall Bladder and was admitted in Sir Sunder Lal Hospital, BHU, Varanasi on 01.09.2009 and was operated by Dr. Ajay Khanna on 06.04.2009 and was discharged on 19.04.2009. While the claim submitted by the respondent No. 2 was under investigation, the respondent No. 2 repeatedly filed applications for release of Rs.1,50,000/- under the two policies, which applications remained pending as final decision was to be taken by the Zonal Office. In the claim that was submitted by the Respondent No. 2, it was mentioned that Smt. Chandrakala Srivastava had no prior history of any ailment and she died all of a sudden after stomach ache.;