IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13247 of 2001 SHAIL KUMARI JHA, wife of late Arun Kr. Choudhary, resident of village – Chhapra Colony, New Jakkanpur, District – Patna. Versus 1. Life Insurance Corporation of India , through the Sr. Divisional Manager, Life Insurance Corporation, Uma Shankar Prasad Marg, Muzaffarpur. 2. The Senior Branch Manager, Life Insurance Corporation, Darbhanga, Darbhanga. 3. The Senior Branch Manager Darbhanga Branch-II, Laheriasarai, Darbhanga. 4. The State of Bihar. 5. The Vice Chancellor, L N M University, Darbhanga. 6. The Principal, Maharaja Lakshmeshwar Singh Memorial College, Darbhanga. 7. The Registrar, L N M University, Darbhanga. ----- For the petitioner : Mrs. Shail Kumari Jha (In person). For the respondent LIC : Mr. Umesh Prasad Singh, Sr. Advocate. ----------- 05. 15.04.2010 Heard the petitioner and learned counsel representing Life Insurance Corporation of India. The present writ application is the second application which has come before this Hon`ble Court in relation to certain claims which the petitioner was said to be entitled to by virtue of three policies which had been taken by her husband when he was alive. There was certain dispute and delay in settlement of policies and payments accruing therefrom, which led to filing of CWJC No. 713 of 1998. The matter was heard in detail and disposed of vide order dated 20th of April, 2000, which is Annexure-10 to the present writ application. The Court must record that the entire matrix and ambit of the dispute has been dealt with by the learned single Judge in detail and a direction was issued to the respondent LIC to 2 settle the issue and make payment of atleast two of the policies in favour of the petitioner because of a categorical declaration that the petitioner was the sole legal heir who was entitled to claim such benefit. The present writ application has now been filed that there is deliberate delay in settlement of the dues and payments, which entitles the petitioner to claim interest on delayed payment. Averments have been made that there was intentional delay made on behalf of the L.I.C. for their reasons of omission and commission including the fact that so – called insurance claim bag relating to the petitioner went missing in the local LIC office. If there is no laches on the part of the petitioner and the delay was on behalf of the LIC in settling the dues, she is rightly entitled to certain payment of interest in this regard. Learned senior counsel representing the LIC denies the allegation and insinuation of the delay in settlement of the dues. He does this not only the basis of averments in the counter affidavit but also from a reading of annexure-10 which is the decision of the learned single Judge. From a reading of the decision it is evident that there were reasons for non-settlement of the claim over a period of time. It was only because of the intervention of the High Court that those issues were cleared up and payment was made by the LIC within a couple of months of the said decision. In the totality of the above stated facts, the Court 3 holds that there is no liability upon the L.I.C. to make payment of interest on delayed payment. Even otherwise, if the question of interest was there, it should have been raised in the first writ application itself. A separate writ application of similar kind cannot be maintained and could also be hit by principle of res judicata. The writ application has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J )