Anubha Rawat Choudhary, J. - (1.) Heard Mr. Prabhas Kumar, counsel appearing for the petitioner assisted by Mr. Tapas Kabiraj, Advocate.
(2.) Heard Mr. Sachin Kumar, counsel assisted by Ms. Sweta Kumari, Advocate appearing on behalf of the respondents.
(3.) This writ petition has been filed by the petitioner for the following reliefs:- quote (i) For quashing the communication issued vide reference No. HDO/Claims/Resp. dated 26.11.2002 issued under the signature of Divisional Manager, Life Insurance Corporation of India, Hazaribagh whereby he has been pleased to repudiate the death claim/DAB Claim Policy No. 542042932 in the name of Late Smt. Rampati Devi on the sum assured Rs. 1,25,000/- on the ground that incorrect statements were made regarding her health at the time of effecting the assurance and accordingly the respondents are not liable for any payment under the above policy and all money that have been paid in consequences thereof belong to them; (ii) For issuance of direction upon the respondents to immediately and forthwith pay to the petitioner a sum of Rs. 1,25,000/- along with interest, bonus and other admissible dues on account of death of policy holder namely Rampati Devi bearing policy no. 542042932 on account of the fact that the petitioner is the nominee for the said policy and after the death of the policy holder, he is entitled to receive the entire amount due to her death; (iii) For issuance of direction to show cause and lay-bare before this Hon'ble Court as to how and under what circumstances they have refused to make payment of the death claim on the frivolous ground of incorrect health statement made by the policy holder at the time of effecting the assurance;;