S.L.Saraf, J. - (1.) This writ petition has been filed by one Sushil Kumar father of Late Alok Kumar Sah against the Life Insurance Corporation of India challenging the repudiation of the claim under the policy of life insurance. The case of the petitioner is that his son Alok Kumar who was of 25 years of age got himself insured with the Life Insurance Corporation of India. The policy being numbered 23002314 commenced from 8th August. 1987 for the assured sum of Rs. 51,000 with an annual premium of Rs. 687.90. The first premium was paid on 31st August, 1987. Unfortunately, the said Sri A. K. Sah, who was an engineer in the Indian Telephone Industries, Allahabad fell ill with some heart ailment. He was taken to Appollo Hospital. Madras, where he ultimately died on 25.2.1988. The death occurred due to the left ventricular failure after open heart surgery. A copy of the medical certificate has been attached with the writ petition. The said certificate further discloses that the deceased was suffering from infective endocarditis. The said certificate opines, that the petitioner's son was suffering from the said disease only for four and a half months prior to his death and when he developed symptoms like fever, breathlessness and palpitation. Only on and from October, 1987, these symptoms were observed by the deceased. According to the said certificate, the petitioner was having aortic" stenosis.
(2.) After the death of the deceased, his father, who is an old man of sixty years and a nominee under the said policy claimed the assured sum on the death of his son. The Insurance Company, however, by a letter dated 27th March, 1990, repudiated the claim of the petitioner without giving him any personal hearing on the ground that the said deceased withheld material information regarding his health and hence this petition.
(3.) The respondents in the counter-affidavit filed before this Court has raised several objections, firstly that the writ petition was not maintainable and a civil suit should have been a proper remedy. Secondly, the deceased has withheld the material facts before entering into the contract of Insurance. The petitioner was guilty of misrepresentation and did not disclose full material facts within his knowledge. In support of the aforesaid contention, several documents have been annexed to the counter-affidavit. The first document is the same document of Appollo Hospital. Madras which has been annexed to the writ petition. Besides the aforesaid documents, two other documents have been annexed to the counter-affidavit. One is a certificate given by Dr. G. K. Goel of Zero Road, Allahabad. According to Dr. Goel, during the period 1987 to 1989, except the problem of tonsflitls fever and typhoid fever, he had no other problem. Another certificate annexed to the counter-affidavit of Dr. Anil Agarwal of Shiv Charan Lal Road, Allahabad discloses that the petitioner during 1987 was suffering from fever and cough.;