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2025 DAILYLAW 63112 (ALL)

SMT. KRITI ANKIT GUPTA @ SHALINI GUPTA v. UNION OF INDIA AND 3 OTHERS

WRIC/16957/2025 · 2025-06-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100711-DB Court No. - 21 Case :- WRIT - C No. - 16957 of 2025 Petitioner :- Smt. Kriti Ankit Gupta @ Shalini Gupta Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Abhishek Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Anand Tiwari,Siddharth Singhal Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed today is taken on record. 2. The petitioner has prayed for quashing of the order dated 30.4.2025 passed by Insurance Ombudsman, Lucknow, State of U.P. (respondent no. 2) and the order dated 27.2.2025 passed by Life Insurance Corporation of India (respondent no. 4) and has further prayed for a writ of mandamus directing the respondents to credit an amount of Rs. 48,81,326/- in her account and also permit its release in favour of the petitioner. 3. The petitioner is widow of late Ankit Gupta. She filed a claim based on Life Insurance Policy No. 919241823 of her husband Ankit Gupta after his death on 18.4.2021. The claim under the insurance policy was not accepted on the ground of suppression of previous illness as well as late submission of the death intimation. The petitioner aggrieved thereby, approached respondent no. 2 and respondent no. 2 by an order dated 31.1.2025 disposed of the complaint of the petitioner with direction to Life Insurance Corporation of India (for short 'LIC') to reconsider her claim in the light of the observations made in the body of the said order. 4. On 24.2.2025, the Manager (Claims), informed the petitioner that the Zonal Office, Claims Dispute Redressal Committee, has examined the facts of the case and decided to admit basic claim on ex gratia basis, for balance amount only, under Life Insurance Policy No. 919241823 and amount of Rs. 48,81,326/- was credited in IDBI Account No. 65005123695 of the petitioner on 25.2.2025. On 27.2.2025, Manager (Claims) sent another communication to the petitioner stating that the aforesaid amount was wrongly credited in her account and she was requested to submit a no- objection certificate for transfer back of the said amount to the account of LIC. At this stage, the petitioner again approached respondent no. 2. Before respondent no. 2, LIC took the stand that after sanction of the payment, it received an application as well as documentary evidence from the father and brother of the Deceased Life Assured (for short 'DLA') regarding pre-existing diseases of thyroid and diabetes. On the other hand, the petitioner took the stand that the documents filed by the complainants were false. The LIC stated before respondent no. 2 that the complaint and fresh documents received by it, are being re-examined. The release of money has therefore been placed on hold. The Ombudsman, i.e. respondent no. 2, dropped the complaint in view of lack of jurisdiction, as it was of the opinion that the matter requires a criminal investigation. 5. Learned counsel for the petitioner submits that the Insurance Company was not justified in putting on hold the claim amount on basis of the complaint filed by father and brother of the deceased insured person, i.e. the husband of the petitioner. 6. Respondent no. 2 has admittedly not examined the complaint on merits and has disposed of the same in view of lack of jurisdiction. 7. In the facts and circumstances noted above, we are of the opinion that the Competent Authority, LIC should examine the complaint within a specified time after giving due opportunity of hearing to the petitioner as well. 8. Sri Anand Tiwari, learned counsel appearing on behalf of Life Insurance Corporation of India, states that Competent Authority, LIC would take decision in the matter expeditiously. 9. Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to Competent Authority, LIC to take decision positively within six weeks from the date of communication of the instant order, after due opportunity of hearing to the petitioner as well. The amount paid to the petitioner, which has been placed on hold, shall abide by the decision that would be taken by Competent Authority, LIC in compliance of the instant order. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad