ANIL DEV SINGH, CJ. - (1.) This appeal is directed against the order of the learned single Judge dated 7th July, 2004 rendered in S.B. Civil Writ Petition No. 1497/2004, whereby the writ petition against the award of the permanent Lok Adalat was dismissed summarily. Before we take up the determination of the issues involved in the appeal, few facts need to be noticed.
(2.) The husband of the third respondent, Nawal Kishore Mittal, had taken a policy of Life Insurance from the Life Insurance Corporation of India. The insured failed to pay the premium with the result that the policy was not renewed- w.e.f. 28th April, 1997. Subsequently, the insured made the requisite payment and the policy was renewed by the appellant. Life Insurance Corporation of India w.e.f. March, 2000. Subsequently, on 12th May, 2002, the insured died. The appellant-insurer did not entertain the claim of the widow on the ground that the insured had concealed the fact that he was suffering from diabetes at the time of renewal of the Insurance Policy. The dispute between the third respondent and the appellant was determined by the permanent Lok Adalat. The permanent Lok Adalat, on considering the matter, allowed the claim of the third respondent. Aggrieved by the award passed by the permanent Lok Adalat. the appellant filed a writ petition. The writ petition was dismissed by the learned single Judge, holding that the appellant was not entitled to repudiate the claim of the third respondent on the ground that once upon a time the insured was suffering from diabetes. The learned single Judge also held that the policy could not be repudiated by the Insurance Company after two years of it being effected. The appellant, not being satisfied, has preferred the instant appeal.
(3.) We have heard learned counsel for the appellant.;