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2021 DIGILAW 2869 (MAD)

C. G. Kumar v. Life Insurance Corporation of India

2021-10-22

S.M.SUBRAMANIAM

body2021
JUDGMENT : S.M. SUBRAMANIAM, J. Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to release the claim amount for the Policy Nos. 760257543, 762322574, 750299565, 66511244 and 45189790. 1. The relief sought for in the present writ petition is to direct the respondent to release the claim amount for the Policy Nos. 760257543, 762322574, 750299565, 66511244 and 45189790. 2. The first petitioner is the son. The second petitioner is the wife of the deceased Mr. P.N. Gopal. The third and fourth petitioners are the brothers of the first petitioner. 3. The first petitioner states that his father Mr. P.N. Gopal expired on 10.04.2010 due to illness. The father of the first petitioner was the beneficiary under Life Insurance Corporation of India policies (as above) issued by Tatabad Branch, Coimbatore. The first petitioners had intimated the death of his father to the respondent-Life Insurance Corporation of India and made a request for settlement of claims. 4. The grievances of the petitioners are that the respondent-Life Insurance Corporation of India is asking various unnecessary documents for the purpose of settling the claims. 5. This Court is of the considered opinion that the Insurance Policy is a contract between the parties. The terms and conditions of the Insurance Policy and its violations, if any, are to be adjudicated before the Competent Forum, in order to crystallise the rights of the parties. Such an exercise cannot be undertaken by the High Court in the present writ petition under Article 226 of the Constitution of India. 6. Thus, the petitioners have to approach the Competent Appellate Authority or the Forum created for the purpose of resolving such disputes. However, such disputes between the parties, based on contractual obligations, are to be adjudicated with reference to the original documents and evidences, including oral evidences. Thus, the petitioners are at liberty to approach the Competent Court of Law or Forum for the purpose of resolving the disputes and redress their grievances. 7. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs.