Exide Life Insurance Company ... vs Smt. Manju Saini W/O Late Sh. ...
2022 Latest Caselaw 4009 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 10532/2020

Exide Life Insurance Company Limited
                                                                   ----Petitioner
                                   Versus
Smt. Manju Saini W/o Late Sh. Jagmohan Saini
                                                                 ----Respondent

For Petitioner(s) : Mr. Prakhar Agarwal and Ms. Chelsi Gangwal for Mr. Prateek Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

20/05/2022 Learned counsel for the petitioner submits that award dated

03.03.2020 passed by the Permanent Lok Adalat, Alwar suffers

from the vice of perversity inasmuch as it has failed to consider

that a specific objection was taken by the petitioner in its reply

that the deceased has concealed in the application form that he

was suffering from Alcoholic Liver Disease, Chronic Liver Disease,

Portal Hypertension and Ascites duly supported by documentary

evidence. Relying upon a judgment of Hon'ble Apex Court of India

in case of Branch Manager, Bajaj Allianz Life Insurance

Company Ltd. & Ors. vs. Dalbir Kaur:

MANU/SC/0779/2020, learned counsel submits that had the

insured disclosed this fact in his proposal form, the petitioner

would have given second thought before issuing the insurance

policy.

(2 of 2) [CW-10532/2020]

Issue notice of writ petition as well as of stay application.

Rule is made returnable by four weeks. Notices may also be given

'dasti'.

Heard learned counsel for the petitioner on interim relief.

Taking into consideration the contention advanced by him

and the material on record, this Court deems it just and proper to

stay the execution of the award dated 03.03.2020, till further

orders provided the petitioner deposits 25% of the award amount

with the Permanent Lok Adalat, Alwar within a period of four

weeks from today. The respondent would be at liberty for

disbursal of this amount subject to furnishing an undertaking that

said amount shall be refunded with interest @ 6% per annum in

case the writ petition succeeds.

(MAHENDAR KUMAR GOYAL),J

MADAN/74

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