LPA No.404 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: LPA No.404 of 2003 DATE OF DECISION: April 23, 2009 ARMY GROUP OF INSURANCE FUND ...APPELLANT VERSUS SMT. GURMIT KAUR & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. DEEPAK SURI, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The challenge in this Letters Patent Appeal is to the order dated 25.8.2000, passed by the learned Single Judge whereby the appellants have been directed to pay the balance amount of Rs.25,000/- to the respondents. A perusal of the impugned order shows that the husband of respondent No.1-petitioner had gone missing on 6.6.1987, and after having been a deserter initially was ultimately declared to have expired while in service. Thereafter his widow filed writ petition wherein it was prayed that she is entitled to the Army Group Insurance Cover amounting to Rs.1 lac and that a sum of Rs.75,000/- only has been paid to her. There was no specific denial by the Union of India. The only denial by them was that the writ petitioner had been paid a sum of Rs.75,000/- in accordance with law as per Army Group Insurance Claim. Learned Single Judge held that since there is no denial to the LPA No.404 of 2003 -2- averments made by the widow in para 20 of the writ petition either express or by implication, therefore, the petitioner would be entitled to additional amount of Rs.25,000/- under the AGIF Scheme. Mr. Suri, counsel for the appellant has contended that the respondents have been paid the entire amount in terms of the AGIF Scheme, inasmuch as she has been paid a sum of Rs.75,000/- alongwith maturity benefit amounting to Rs.7262/-. However, counsel for the appellant has not been able to point out as to why the respondents are not entitled to receive a sum of Rs.1 lac under the Group Insurance Death Benefit Scheme. After going through the averments made in the writ petition filed by the present respondents as well as the averments made in this appeal, we also find that there is no specific denial by the appellants that the respondents are not entitled to receive a sum of Rs1 lac. The appellants have not even placed on record the Group Insurance Death Benefit Scheme. In view of the above, we find no infirmity in the order dated 29.8.2000, passed by the learned Single Judge and accordingly the Letters Patent Appeal is dismissed. (ASHUTOSH MOHUNTA) JUDGE April 23, 2009 (NIRMALJIT KAUR) Gulati JUDGE