JUDGMENT 1. - Instant petition has been filed by petitioner who is mother and nominee of deceased Pawan Kishal Jain who was insured by Life Insurance Corporation of India ('LIC') but whose claim was repudiated by LIC on the premise, that it was a case of suicide and according to terms & conditions of insurance policy contract, if insured commits suicide within one year from the date of policy, the same becomes null & void and LIC is not liable to pay against assured sum in terms of policy. 2. Petitioner's son Pawan Kushal Jain aged 26 years took policy of insurance from LIC bearing policy No. 181039328 for assured sum of Rs. One lac, wherein he nominated his mother (petitioner) as nominee under 1 section 39 of Insurance Ac,t 1938. Unfortunately her son died on 30.08.1996 due to drowning in Anna Sagar Lake, Ajmer. As per post mortem report (Ex.3) cause of death in case of insured Pawan Kushal Jain as opined by medical board was asphyxia as a result of ante mortem drowning. 3. Petitioner due to death of insured submitted all requisite information 1 in the prescribed forms to respondent LIC for making payment of death claim under policy of insurance but claim was repudiated by respondent LIC vide order dated 14.08.98 (Ex.1) holding that deceased has committed suicide within one year from the date of policy; as such the same has become null & void in terms of policy and, therefore, nothing is payable to the nominee of insured. 4. Counsel for petitioner submits that there is no material placed on record which may at all establish that the insured has committed suicide; on the contrary, cause of death was of drowning into water, as has been expressed in autopsy report as well. Premise, on which respondent LIC proceeded in creating suspicion of the insured having committed suicide, is wholly arbitrary, in repudiating her claim, which is in violation of Art. 14 of the Constitution. 5. Premise, on which respondent LIC proceeded in creating suspicion of the insured having committed suicide, is wholly arbitrary, in repudiating her claim, which is in violation of Art. 14 of the Constitution. 5. On the other hand, respondents have filed their reply alongwith which letter has been placed on record as Annexure R.1 dated 26.06.1998 wherein it has been suspected to be a case of suicide for the reason that in news papers of Dainik Navjyoti of 31.08.96 & 01.07.96 there was news item published of person having committed suicide and that apart, statement of claimant that one Bharat, student of deceased Pawan alongwith his father Ramesh Chand were present at the cremation ground, both raised suspicion of suicide-on the basis whereof, claim of petitioner has been repudiated. 6. I have considered rival contentions of parties and perused material on record. Under policy of insurance, a condition has been stipulated which has been incorporated in para 8 to the effect that if the insured commits suicide at any time on or after the date on which risk under policy of insurance has commenced but before expiry of one year from the date of his policy of insurance, the LIC will not entertain any claim. But the fact remains in instant case is as to whether it was a case of suicide or not. This is a fact which has not been disputed that the deceased (insured) died due to drowning into water and no circumstances have come on record from which it may at all be inferred that he had committed suicide and cause of suspicion was created by respondent LIC as referred to in letter dated 26.06.98 (Ann. R.1) about the fact having published in news paper or the student available in cremation ground namely Bharat, all these facts in no any manner can draw out a suspicion of the deceased having committed suicide. This Court is of the considered opinion that inference drawn by respondent LIC from material on record is not a all legally sustainable; as such clause of policy of insurance that if,the insured commits suicide within one year from the date of policy, is not at all attracted in facts of instant case-and on the said premise, repudiation of the claim of petitioner vide order dated 14.08.98 (Ex.1) is not legally sustainable and is accordingly set aside. 7. 7. Consequently, the writ petition succeeds and is hereby allowed. Repudiation of claim of petitioner vide order dated 14.08.98 (Ex.1) is hereby quashed and set aside. Respondent LIC is directed to make payment of death claim in respect of policy No. 181039328 of insured Pawan Kaushal Jain to his nominee (petitioner) alongwith interest @ 9% per annum from the date it became due till actual payment. Compliance of this order be made within two months. No order as to costs.Writ petition allowed. *******