KUSHAL CHAND SHAH v. THE LIFE INSURANCE CORPORATION (LIC)
WP/16397/2025 · 2025-07-03
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22940 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22940 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010323282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 16397 OF 2025 Between: Kushal Chand Shah, S/o. ShahShivjiMansay, Aged about 74 years, R/o. Door No. 38-1-22F, 533, Indira Towers, American Hospital Road, Punnamma Thota, Vijayawada (Urban), Andhra Pradesh - 520002. ...PETITIONER AND
1. The Life Insurance Corporation (LIC), Represented by its Chairman, having its Corporate Office at Jeevan Bima Marg, P.O. Box No. 19953, Mumbai - 400 021. 2. The Branch Manager, Life Insurance Corporation of India, 685 - Branch Office, Bhavanipuram, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the Respondents herein. more particularly the Respondent No.2 herein in not processing the claim forms and granting the policy benefits entitled to the Petitioner herein under Policy No. 678859243 and Policy.No.676448190 despite making representation dated 28.05.2025 as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also in violation of the conditions of the policies and to Consequently direct the terms and
Respondents herein to disburse the complete benefits Petitioner herein under the Policy.No.678859243 and Policy.No.676448190 i favor of the Petitioner. lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith process the claim forms and disburse the complete benefits entitled to the Petitioner herein under 678859243 and Policy No. 676448190 in favor of the Petitioner. lA No: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the representation made by the Petitioner herein dated 28.05.2025.
Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondent Nos.1 & 2: SRI J.SUNIL KUMAR, REPRESENTING SRI B.RAJ KIRAN, SC FOR LIFE INSURANCE CORPORATION The Court made the following order: entitled to the in the Policy No.
APHC010323282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16397/2025 Between:
1.KUSHAL CHAND SHAH, S/0 SHAHSHIVJIMANSAY, AGED ABOUT 74 YEARS, R/0 DOOR NO. 38-1-22F, 533, INDIRA TOWERS, AMERICAN HOSPITAL ROAD, PUNNAMMA THOTA, VIJAYAWADA (URBAN), ANDHRA PRADESH - 520002. ...PETITIONER AND 1.THE LIFE INSURANCE CORPORATION LIC, REPRESENTED BY ITS CHAIRMAN, HAVING ITS CORPORATE OFFICE AT JEEVAN BIMA MARG, P.O. BOX NO 19953, MUMBAI - 400 021. 2.THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, 685 - BRANCH OFFICE,BHAVANIPURAM, VIJAYAWADA.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents herein, more particularly the Respondent No.2 herein in not processing the claim forms and granting the policy benefits entitled to the Petitioner herein under Policy No. 678859243 and Policy.No.676448190 despite making representation dated 28.05.2025 as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also in violation of the terms and conditions of the policies and to Consequently direct the Respondents herein to disburse the complete benefits entitled to the Petitioner herein under the
2 Policy.No.678859243 and Policy.No.676448190 in favor of the Petitioner and pass lA NO:
1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith process the claim forms and disburse the complete benefits entitled to the Petitioner herein under the Policy No. 678859243 and Policy No. 676448190 in favor of the Petitioner and lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the representation made by the Petitioner herein dated 28.05.2025and pass Counsel for the Petitioner:
1.N ASHWANI KUMAR Counsel for the Respondent(S): pass
1. The Court made the following ORDER: Heard Sri N.Ashwani Kumar, learned counsel for the petitioner and Sri B.Raj Kiran, learned Standing counsel for respondents 1 and 2. The grievance of the petitioner is that the 2"'^ respondent is not processing the claim of the policy and granting policy benefits entitled to the petitioner under Policy Nos.678859243 and 676448190, despite the representation dated 28.05.2025. 2. 3.
Learned counsel for the petitioner would submit that the petitioner’s daughter Ms.Swaroopa Kushalchand Shah, met with a fire accident on 20.02.2024 and died due to Asphyxia i.e. suffocation to death. The petitioner’s daughter, during her lifetime, insured her life with the aforementioned insurance policies from the respondent Corporation. The petitioner was shown a nominee for the aforementioned two polices. The petitioner made a as
3 representation dated 28.05.2025 to process and release the policy benefits. However, the same has not been processed so far. Sri J.Sunil Kumar, learned counsel representing Sri B.Raj Kiran, learned standing counsel, on instructions, would submit that the respondents 1 and 2 will process the claim and release the policy benefits by considering the representation made by the petitioner dated 28.05.2025 and pass appropriate orders
3. Given the instructions, keeping the writ petition pending shall not serve any purpose. In the facts and circumstances of the case, the Writ Petition is
disposed of at the admissicn stage with the consent of learned counsel on either side, directing the respondents 1 and 2 to process the claim and release the policy benefits by considering the representation dated 28.05.2025, as expeditiously as possible, preferably within two (2) months from the date of receipt of copy of this order, strictly as per the law. There shall be no order as to costs.
4. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
Sd/- K. TATA RAO DEPUTY REGISTRAR ' SECTION OFFICER //TRUE COPY// To,
1. The Chairman, Life Insurance Corporation(LIC), having its Corporate Office at Jeevan Bima Marg, P.O. Box No 19953, Mumbai - 400 021.
2. The Branch Manager, Life Insurance Corporation of India, 685 - Branch Office,Bhavanipuram, Vijayawada.
3. One CC to Sri N.Ashwani Kumar, Advocate [OPUC]
4. One CC to Sri B. Raj Kiran, SC for Life Insurance Corporation.[OPUC]
5. Two CD Copies. gi
HIGH COURT DATED:04/07/2025
ORDER WP No. 16397 OF 2025 16 JUL 2025 X ^ Current Secnon - DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS