Farhana Begum v. Life Insurance Corporation of India
2005-12-13
RANJAN GOGOI
body2005
DigiLaw.ai
JUDGMENT Ranjan Gogoi, J. 1. Both the writ petitions having raised common questions on more or less similar facts were heard together and are being disposed of by this common judgment and order. 2. The petitioner in W.P.(C) No. 7534/2004, Farhana Begum is the widow of one Abdul Jalil, who died on 9.12.2001. Late Abdul Jalil, during his lifetime, had insured himself with the Life Insurance Corporation of India through its office at Aizwal. Two policies were taken out by the deceased, the relevant policy being No. 490428639 for a sum of Rs. 20 lakh. As after the death of Abdul Jalil, payment under the said Policy No. 490428639 was not made and the claims of the petitioner, as the widow of the deceased, were not being finalised, W.P.(C) No. 7534/2804 has been filed seeking an appropriate direction. At the same time the respondent, Life Insurance Corporation of India has instituted a separate proceeding, i.e., W.P.(C) No. 2951/2005 seeking a direction from the court to the authorities of the Silchar Medical College Hospital for making available the medical records of the deceased Abdul Jalil so as to enable the Corporation to complete its mandatory enquiry prior to settlement of the claim of the claimant Mustt. Farhana Begam. It must be noticed, at this stage, that the deceased Abdul Jalil had died on 9.12.2001 in the Silchar Medical College Hospital. 3. Having noticed the essential features of the two writ petitions under consideration this Court is of the view that the decision of the court in the proceedings instituted by the Life Insurance Corporation of India, i.e., W.P.(C) No. 2951/2005 would be material and would effectively resolve the issues arising in the connected writ petition, i.e., W.P.(C) No. 7534/2004. 4. According to Sri Pathak, learned Counsel for-the petitioner, Life Insurance Corporation, the policy was taken out by the deceased on 4.12.2000 and he had passed away on 9.12.2001. In such circumstances, keeping in view the high amount of the risk covered by the Insurance Policy, i.e., Rs. 20 lakh, the settlement of the claim of the widow can be made by the authorities of the Corporation only after due satisfaction that the amount covered by the policy should be paid.
In such circumstances, keeping in view the high amount of the risk covered by the Insurance Policy, i.e., Rs. 20 lakh, the settlement of the claim of the widow can be made by the authorities of the Corporation only after due satisfaction that the amount covered by the policy should be paid. This would require the authorities of the Life Insurance Corporation of India to verify the medical records of the deceased in Order to ensure that there has been no suppression of any material fact or any material irregularity at the time when the contract of insurance was entered into by and between the parties. In this regard, Sri Pathak, learned Counsel for the Life Insurance Corporation, has placed before the court the several a correspondences exchanged between the concerned office of the Insurance Corporation and the authorities of the Silchar Medical College Hospital. The said correspondences brought on record by the Insurance Corporation would go to show That requests had been made to the authorities of the Silchar Medical College Hospital to furnish to the . Insurance Corporation the entire medical records which has been refused by the Superintendent of the Medical College Hospital on the ground that disclosure of a patient's record of medical illness is not permitted by the relevant guidelines issued by the Medical Council of India unless there are Court orders to the above effect. 5. The Insurance Corporation which is dealing with public funds would not only be expected but must also be understood to be mandatorily required to conduct a thorough enquiry with regard to the circumstances of the death of a policy holder that may have occurred within a short time of the contract of insurance being entered into. However, in the facts of the present case, the court does not consider it necessary to dilate on the aforesaid issue inasmuch as Mrs. N. Saikia, learned Counsel for the claimant Farhana Begum who has been impleaded as respondent No. 4 in W.P.(C) No. 2951/2005 has submitted that she has no objection if the medical records of the deceased husband of Farhana Begum as maintained in the Silchar Medical College Hospital is made available to the authorities of the Life Insurance Corporation of India for due verification. 6. The aforesaid stand taken by Mrs.
6. The aforesaid stand taken by Mrs. Saikia, learned Counsel for the respondent No. 4 in W.P.(C) No. 2951/2005 has left practically no contentious issues to be answered by the court in the present case. Accordingly, I close both the writ petitions with the direction that within 7 (seven) days from the date of receipt of a certified copy of this order, the Superintendent of Silchar Medical College Hospital will make available to the authorities of the Life Insurance Corporation of India, g the relevant records pertaining to the deceased Abdul Jalil. Thereafter, the authorities of the Life Insurance Corporation of India will be responsible for finalisation of the claim arising out of Policy No. 490428639. This will be done within six weeks from the date of receipt of the records from the Silchar Medical College Hospital. At this stage, Mrs. Saikia, learned Counsel for the claimant Farhana Begum, has submitted that her deceased husband had taken another policy bearing No. 490426034 for an amount of Rs. 64,200 and that there is no dispute with regard to the said policy. The concerned authority of the Life Insurance Corporation of India is directed to finalise the entitlement of the petitioner for payment under the aforesaid policy No. 490426034 by completion of requisite formalities within a period of two weeks from the date of receipt of a certified copy of this order, if final settlement has not, in the meantime, been made. This will dispose of both the writ petitions.