✦ Patna High Court

Smt. Usha Chaudhary v. The Life Insurance Corporation of India

JUDICATURE AT PATNA CWJC No. 10466 of 2008NAVANITI PRASAD SINGH

Case at a glance

Provisions considered

Judgment

Counsel for the Petitioner : Mr. Gajendra Pratap Singh, Adv. ------------ ----------- 02

28.02.2009 The petitioner Smt. Usha Chaudhary is the wife of late Diwakant Chaudhary. Late Diwakant Chaudhary had taken out a policy of insurance and consequent to untimely death his death claim was filed by the wife. The same has been rejected on the ground that he had earlier a policy which he did not disclose while taking this policy. Petitioner challenges the legality of such repudiation. In my view, the petitioner should avail of remedy as provided under the Redressal of Public Grievances Rules, 1998, wherein he can file an application before the ombudsman as provided therein. The said rules are made under Section 114 of the Insurance Act, 1938. Petitioner must exhaust the remedy as available to him before coming to this Court. The writ petition is permitted to be withdrawn to move the forum aforesaid. Trivedi/ (Navaniti Prasad Singh, J.) 2

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