Sima Rani Das Vs Life Insurance Corporation of India Limited and Ors. — Calcutta HC (2025) — LawSathi Research

Sima Rani Das Vs Life Insurance Corporation of India Limited and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition WPA 26762 of 2024 disposed of with liberty to the petitioner to approach the appellate authority (per the internal mechanism via the Zonal Manager, Eastern Zone, through the Zonal Office Claim Dispute Redressal Committee) within four weeks from date, with condonation of delay at least to the extent the writ petition remained pending; merits expressly left open; no order as to costs.

Issue for consideration

Whether the petitioner Sima Rani Das, mother of the deceased Somnath Das who died due to accident (electrocution), is entitled to a direction upon the Respondent Insurance Authorities to sanction and disburse the sums/amounts payable under Policy no.406639978, which also covered claims arising out of accidents. +1 more

Court's answer

The Court clarified that it has not gone into the merits of the case: the petitioner is free to urge all points before the appellate authority, and the appellate authority is equally free to take such decision as it thinks fit and proper strictly in accordance with law.

Ratio / Principle

This Court held that, having regard to the nature of the grievance, the writ petitioner should first approach the appellate authority seeking redressal of her grievances rather than the writ petition being entertained directly.

Key takeaways

The writ petition was disposed of by granting liberty to the petitioner to approach the appellate authority in terms of the relevant rules governing the respondent Insurance Authority.ratio¶¶13
If the petitioner approaches the appellate authority within four weeks from date, the delay in preferring the appeal shall be condoned at least to the extent of the time during which the writ petition remained pending before this Court.ratio¶¶14

Detailed headnote1 paragraphs

Writ petition (WPA 26762 of 2024, order dated 08.04.2025, Om Narayan Rai, J.) by Sima Rani Das, mother of the deceased Somnath Das (accidental death by electrocution), against the Life Insurance Corporation of India Limited's repudiation of her claim under Policy no.406639978, which also covered accidental-death claims. The Court did not adjudicate entitlement on merits. Relying on the insurer's internal redressal mechanism, it held the petitioner should first approach the appellate authority (reachable through the Zonal Manager, Eastern Zone, via the Zonal Office Claim Dispute Redressal Committee) and disposed of the writ petition with liberty accordingly. If the appeal is preferred within four weeks from date, delay is to be condoned at least to the extent the writ petition remained pending; the petitioner may urge all points and the appellate authority may decide strictly in accordance with law. No order as to costs. No statute or precedent was cited in the order.

08.04.2025 Item No.06 Court No.551 Avijit Mitra

WPA 26762 of 2024

Sima Rani Das - Versus - The Life Insurance Corporation of India Limited & ors.

Mr. Lalratan Mandal,

Mr. Dilip Kmar Sadhu …for the petitioner Ms. Tanusree Das Gupta …for the LIC

Affidavit-of-service filed today be kept with the record.

The writ petitioner is aggrieved by the repudiation of the petitioner’s claim in respect of Policy no.406639978. The petitioner claims to be the mother of the deceased person i.e. Somnath Das who died due to accident (electrocution). The petitioner complains that she is entitled to the sum assured by the said policy inasmuch as the said policy also covered claims arising out of accidents. The petitioner therefore prays for a direction upon the Respondent Insurance Authorities to sanction and disburse the sums/amounts payable to the petitioner on account of accidental death of her only son.

The learned advocate for the Insurance Authorities submits that in case of denial of claim by the authority at the first stage there is an internal mechanism of an appeal before the appellate authority and in this case, the

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petitioner could have approached the Zonal Manager Eastern Zone through the Zonal Office Claim Dispute Redressal Committee for the purpose of redressal of the petitioner’s grievance.

It is submitted that the instant writ petition should therefore not be entertained and the petitioner may be left free to approach the appellate authority in terms of the rules. It is also submitted that if such appeal is filed by the petitioner the same would be disposed of within 60 days. The learned advocate for the petitioner hands up a copy of the instructions given to her by the Respondent Insurance Authorities. Let the instructions, as produced, be kept with the record.

Having regard to the nature of the grievance of the writ petitioner this Court is of the view that the writ petitioner should first approach the appellate authority seeking redressal of her grievances.

In such view of the matter, this writ petition is disposed of by granting liberty to the petitioner to approach the appellate authority in terms of the relevant rules governing the respondent Insurance Authority.

The appellate authority, if so approached by the petitioner within a period of four weeks from date shall condone the delay in preferring the appeal at least to the extent of time during which the writ petition remained pending before this Court. It is clarified that this Court has not gone into the merits of the case and the petitioner shall

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be free to urge all points and the appellate authority shall also be equally free to take such decision as it thinks fit and proper strictly in accordance with law.

With the aforesaid observations the writ petition being WPA 26762 of 2024 is disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Om Narayan Rai, J.)