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2026 DAILYLAW 4053 (RAJ)

BHARTI AXA LIFE INSURANCE CO LTD. v. THE INSURANCE OMBUDSMAN,

CW/4778/2026 · 2026-04-13

Sameer Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:15299] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4778/2026 Bharti Axa Life Insurance Co Ltd., Unit No. 1902, 19Th Floor, Parinee Crescenzo, G Block, Bandra Kurla Complex, BKC Road, Opposite MCA Ground, Bandra East, Mumbai -400051, Maharashtra, Through Its Authorised Signatory Narendra Singh. ----Petitioner Versus 1. The Insurance Ombudsman, Office Of Insurance Ombudsman Jeevan Nidhi Ii, Ground Floor, LIC Building, Bhawani Singh Road, Ambedkar Circle, Jaipur 302005. 2. Kailasho Devi, W/o Kumar Singh, R/o Gram Jhirka, Parua, Bharatpur-321405, Rajasthan, Currently Residing At 26, Ankita Vihar-I, Khori Luniyawas, Sanganer, Jaipur. ----Respondents For Petitioner(s) : Ms. Gauri Jasana for Mr. Prateek Kasliwal For Respondent(s) : Ms. Happy Sharma with Mr. Prashant Pareek HON'BLE MR. JUSTICE SAMEER JAIN Order 13/04/2026 1. The present petition has been filed assailing the impugned order dated 28.01.2026 passed by the learned Insurance Ombudsman. 2. It is submitted by learned counsel for the petitioner- Insurance Company that the insured person-respondent No.2 passed away within a mere 8 months from the date of issuance of the policy in question. It is further submitted that while purchasing the said policy, the deceased fraudulently concealed material facts regarding his pre-existing medical condition, [2026:RJ-JP:15299] (2 of 3) [CW-4778/2026] specifically that he was suffering from ‘Recurrent Pulmonary Tuberculosis’. It is argued that the learned Insurance Ombudsman erred in law and fact by failing to consider crucial evidentiary documents, namely a treatment card purportedly issued by the National Tuberculosis Elimination Programme (NTEP), and an investigation report (Annexure-33) drafted/formulated by a private agency, which allegedly recorded statements from local neighbors confirming the ongoing tuberculosis treatment. 4. Heard the submissions advanced by learned counsel. 5. Upon perusal of the impugned order dated 28.01.2026, this Court observed that the learned Insurance Ombudsman has passed a detailed and well-reasoned order after due factual consideration of the aforementioned documents. It is further observed that the learned Insurance Ombudsman doubted the bona fides and evidentiary value of the NTEP treatment card, observing that the said documents were unsigned and failed to specify any clinical reasons or authoritative medical validation. It is further observed that the learned Insurance Ombudsman rightly held that the private investigation report was ambiguous and vague in nature, as it failed to disclose the specific names or identities of any of the neighbors who allegedly provided the information regarding the tuberculosis treatment. 6. This Court also takes note of the fact that the proximate and medically established cause of death in the instant matter is cardiac arrest and that the petitioner has failed to establish any proximate nexus between the cause of death and the alleged concealed condition of tuberculosis. [2026:RJ-JP:15299] (3 of 3) [CW-4778/2026] 7. In light of the aforesaid facts and circumstances, this Court finds no material perversity, arbitrariness, or jurisdictional error in the well-reasoned findings of the learned Insurance Ombudsman. 8. Accordingly, the present writ petition stands dismissed. Pending application(s), if any, shall stand(s) disposed of. (SAMEER JAIN),J Pooja /5