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Life Insurance Corporation of India and ors. Vs. Kiran Sinha - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 4308 of 1984 [from Special Leave Petition (Civil) No. 14872 of 1982]
Judge
Reported in(1986)2SCC553
ActsConstitution Of India - Article 226
AppellantLife Insurance Corporation of India and ors.
RespondentKiran Sinha
DispositionAppeal allowed with costs
Excerpt:
- [ e.s. venkataramiah and; r.b. misra, jj.] -- constitution of india — article 226 — writ petition claiming payment of money under life insurance policies filed by nominee of deceased-assured — maintainability — assured dying before premium payments made by him received by lic -- we have heard the learned attorney-general and shri a.k. sen, learned counsel for the respondent. shri a.k. sen submits that the respondent would accept the sum of rs 40,000, if paid, in full settlement of the claim against the life insurance corporation......under the insurance policies in question in a petition filed under article 226 of the constitution. the only remedy available to the respondent in this case was a suit before a civil court. the judgment of the high court is, therefore, set aside.3. the learned attorney-general states that he would however recommend to the board of the life insurance corporation to pay a sum of rs 40,000 to the respondent in full settlement of her claim. shri a.k. sen submits that the respondent would accept the sum of rs 40,000, if paid, in full settlement of the claim against the life insurance corporation. we hope that the amount will be paid to the respondent within six weeks.4. the appeal is accordingly allowed. no costs.
Judgment:

E.S. VENKATARAMIAH, J.

1. Special leave is granted.

2. We have heard the learned Attorney-General and Shri A.K. Sen, learned counsel for the respondent. The High Court could not have in the circumstances of this case directed the payment of the money claimed under the insurance policies in question in a petition filed under Article 226 of the Constitution. The only remedy available to the respondent in this case was a suit before a civil court. The judgment of the High Court is, therefore, set aside.

3. The learned Attorney-General states that he would however recommend to the Board of the Life Insurance Corporation to pay a sum of Rs 40,000 to the respondent in full settlement of her claim. Shri A.K. Sen submits that the respondent would accept the sum of Rs 40,000, if paid, in full settlement of the claim against the Life Insurance Corporation. We hope that the amount will be paid to the respondent within six weeks.

4. The appeal is accordingly allowed. No costs.


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