THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.19978 of 2006 Dated:03rd June, 2010 Between: M.Laxmi ….Petitioner and 1. The Zonal Manager, Life Insurance Corporation of India, Zonal Office, Saifabad, Hyderabad & Ors. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.19978 of 2006 ORDER: This Writ Petition has been filed by Smt.M.Laxmi assailing the action of the respondents in rejecting her claim in respect of Insurance Policy No.683163491. 2. Petitioner Smt.M.Laxmi is the wife of M.Mallaiah. The said Mallaiah obtained Life Insurance Policy No.683163491 on 24.10.2000 for a sum of Rs.5,00,000/-. He had shown his wife, who is the petitioner herein, as nominee under Section 39 of the Insurance Act, 1938, for the said policy. He died on 07.07.2001 at 13.00 hours. A postmortem was conducted on the deadbody of M.Mallaiah on 08.07.2001. The petitioner submitted a claim as a nominee of the policy holder. Her claim came to be rejected on the ground that the policy holder committed suicide within one year from the date of commencement of the policy and as such, the policy has become void, as per policy condition No.7. The said rejection proceeding issued by the Divisional Manager, Life Insurance Corporation of India, Divisional Office, Karimnagar-2nd respondent is assailed in this Writ Petition. 3. Rule nisi came to be issued on 25.09.2006. None appears on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and perused the material brought on record. 5. Learned counsel appearing for the petitioner submits that the death of the policy holder viz., M.Mallaiah cannot be treated as suicide and in which case, the rejection order issued by the 2nd respondent is liable to be declared as void and necessary direction is required to be given to the respondents to pay the policy amount to the petitioner. 6. Indisputably, the policy holder viz., M.Mallaiah died within one year of obtaining the policy. He obtained the policy on 24.10.2000 and died on 07.07.2001. As per Policy Condition No.7, the policy shall be void, if the assured commits suicide within one year. For better appreciation, I may refer Policy Condition No.7, which reads as hereunder: “7. Suicide: This policy shall be void if the Life Assured commits suicide (whether sane or insane at the time) at any time on or after the date on which the risk under the policy has commenced but before the expiry of one year from the date of this policy and the Corporation will not entertain any claim by virtue of this policy except to the extent of a third party’s bona fide beneficial interest acquired in the policy for valuable consideration of which notice has been given in writing to the office to which premiums under this policy were paid last, at least one calendar month prior to death.” 7. Leaned counsel appearing for the petitioner tries to convince the Court that the death of M.Mallaiah is not a suicide and therefore, policy Condition No.7 is not applicable. I have gone through the inquest report placed on record. It is evident from the inquest report that the policy holder viz., M.Mallaiah committed suicide on 07.07.2001. There is no material on record that the police altered the section of law from 174 Cr.P.C. to any other provisions in Indian Penal Code. Crime No.50 of 2001 came to be registered by the Station House Officer, Boinpally Police Station, Karimnagar District, under Section 174 Cr.P.C. There is no alteration of section of law subsequent to the inquest report. The material brought on record clearly establishes that the death of M.Mallaiah is one of suicide. The said suicide is within one year of policy issued by the respondents, in which case, the claim of the petitioner is squarely covered under Policy Condition No.7 of the Policy. Therefore, the petitioner is not entitled to claim any amount under the policy issued by the respondents. The rejection order issued by the 2nd respondent is in accordance with the terms and conditions of the Policy, and the Writ Petition is devoid of merits. 8. Accordingly, the Writ Petition is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:03rd June, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.19978 of 2006 Dated:03rd June, 2010