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2025 DAILYLAW 10192 (UTT)

SHIVANI v. LIFE INSURANCE CORPORATION OF INDIA

WPMS/2431/2025 · 2025-08-20

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7343 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2431/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. M.S. Bisht, Advocate, for the petitioners. Mr. Siddhartha Bisht, Advocate, for the respondent no. 1 and 2. (2) According to petitioners, husband of petitioner no. 1 bought two insurance policies from Life Insurance Corporation of India and thereafter he died during currency of the policy on 25.6.2025. By means of this writ petition, petitioners have sought the following relief: “i) issue a writ, order or direction in the nature of mandamus, directing the respondent no. 1 & 2 to pay half share to the petitioners and half share to the respondent no. 3 & 4 out of the death claim in respect of LIC Policy bearing No. 274467430 & 248473467 of Vivek Prasad Manori pending with L.I.C. Branch Officer-Ballupur, District Dehradun.” (3) Apprehension expressed by petitioners is that respondent no. 4, who is mother-in-law of petitioner no. 1 and also nominee in both the policies, may get the entire amount. Learned Counsel for the petitioners submits that since petitioner no. 1 has to support a minor son also, therefore, she would be satisfied if 50 per cent of the amount of insurance policies is released in her favour. (4) This Court cannot go into these aspects as contractual liability cannot be determined in a writ petition. Writ 2025:UHC:7343 petition, however, is disposed of granting liberty to petitioners to make representation to competent authority in LIC. If petitioner no. 1 makes representation within two weeks from today, decision thereupon shall be taken by the competent authority within two months thereafter. (Manoj Kumar Tiwari, J.) 20.8.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.25 14:40:37 +05'30' 2025:UHC:7343