- (1.) The Life Insurance Corporation of India has preferred this appeal to question correctness of the judgment dated 8.4.2005 passed by learned Single Bench dismissing SB Civil Writ Petition No. 2022/2005.
(2.) The facts necessary to be noticed are that Shri Phool Chand, husband of respondent No. 3 Smt. Rukma Devi, obtained a life insurance policy on 28.9.2000 but the same expired on 27.9.2002 due to default in payment of premium. The life insurance policy came to be renewed on 17.4.2003. While getting the policy renewed, Late Shri Phool Chand made a declaration in the statement about his health that he was not suffering from any disease/ailment that require treatment for a period of one week and he was in good health at the time of seeking renewal of the policy. He also accepted that if any statement/declaration made by him is found false then the Life Insurance Corporation of India shall be at liberty to repudiate the policy. Shri Phool Chand on 23.4.2003 was admitted to Government Hospital, Sojat City being suffered with hypertension and anemia. On 28.4.2003 he left the hospital against medical advise. The treating doctor while relieving Shri Phool Chand from hospital made a note in the bed head ticket that "known case of hypertension-diabetes mellitus". Shri Phool Chand unfortunately died on 24.5.2003. A claim made by his wife, the petitioner, to have the amount insured was denied and the corporation repudiated the policy on the count that Late Shri Phool Chand made a false statement while making a declaration about his health on 17.4.2003 while getting his insurance policy renewed.
(3.) Being aggrieved by the same respondent No. 3 Smt. Rukma Devi preferred an application before the Permanent Lok Adalat at Jodhpur that came to be accepted by an order dated 18.12.2004. Learned Permanent Lok Adalat directed the Life Insurance Corporation of India to make payment of the claimed amount with interest @ 9% per annum to Smt. Rukma Devi with a litigation cost of Rs. 250/-.;