Jharkhand High Court
Shriram Life Insurance Company ... vs Md. Idu & Anr on 8 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
WP(C) No. 1884 of 2019
Shriram Life Insurance Company Limited represented through its Authorized
Signatory Shri Suman Mukherjee ..... ...... Petitioner
Versus
Md. Idu & Anr. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioner : Md. Zaid Ahmad, Advocate
For the Respondents :
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th
Order No.06/Dated: 8 August, 2022
Md. Zaid Ahmad, learned counsel appearing on behalf of the
petitioner has submitted, that defect No.5 with regard to the Advocate
Association and Advocate Clerk's Association Stamp amounting to Rs.5/- and
Rs.10/- respectively have been removed by filing the same on 06.02.2021
itself.
The same is also on record, let the matter be heard on merit.
Md. Zaid Ahmad, learned counsel for the petitioner has
submitted, that while insuring, Bibi Rumiyan daughter of Sk. Taimul there
was a suppression of fact with regard to kidney dysfunction and, as such, the
claimant is not entitled for the compensation which has been awarded by the
office of the Insurance Ombudsman vide order dated 07.02.2019, as such, the
writ petition may be allowed.
Perused the impugned order, which has been brought on record
as Annexure-11 to the writ petition. The Insurance Ombudsman has
considered the disease for granting of such compensation, which does not
require any interference by this Court under Article 226 of the Constitution of
India. It has been observed in the order dated 07.02.2019 that the deceased
had taken a policy from the respondent Insurer on 08.01.2015. The deceased
died of a malaria on 01.09.2015. The claim filed by the complainant was
however repudiated by the respondent as the deceased had kidney problem
prior to taking the policy and the same was not disclosed in the proposal
form. From the documents submitted, it is observed that the deceased had
kidney problem, however, the deceased life assured had died not due to
kidney problem but due to malaria as confirmed by the Sadar Hospital. In
view of the above facts and circumstances denial of the claim by the
respondent is not justified and their decision is hereby set aside.
The Ombudsman has passed an award taking into account the
facts and circumstances of the case and the submissions made by both the
parties during the course of hearing. The petitioner-Shriram Life Insurance
Company Limited has been ordered to pay the death claim of Rs.3,00,000/-
to Md. Idu, husband of the deceased. This Court does not find any
irregularity and illegality in the impugned order, accordingly, the writ petition
is hereby dismissed.
The Insurance Company is directed to pay the same, if the
awarded amount has not already been paid, along with simple interest @
7.5% in view of the judgment passed by the Hon'ble Apex Court in the case
of Dharampal & Sons v. U.P. State Road Transport Corporation reported in
(2008) 12 SCC 208.
(Kailash Prasad Deo, J.)
Madhav/-
