HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9961 of 2010 (O&M) Date of Decision: 01.04.2011 **** Smt. Leela Devi . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Piyush Gagneja, Advocate for the petitioner Ms. Monica Chhibber Sharma, DAG Punjab Mr. Namit Sharma, Advocate for respondent No.4 Mr. Rajesh K Singh, Advocate for respondent No.5 **** SURYA KANT J. (ORAL) (1). The petitioner’s husband was working as a Safai Sewak in the Municipal Council, Abohar when he unfortunately passed away on 15.09.2001, much before the date he would have superannuated i.e. on 31.01.2010. The husband of the petitioner had purchased two insurance policies which were to mature in September 2014. The petitioner is admittedly the Nominee in both the policies. Since the ensured amount was not released after the death of her husband despite repeated representations and finally her request was declined on the plea that the CWP No.9961 of 2010.doc - 2 – policies are in lapsed conditions and she was not entitled to any payments that the petitioner has approached this Court. (2). It is not in dispute that the amount of both the Endowment Assurance Policies has since been paid to the petitioner. The only question that survives for consideration is as to whether or not the petitioner is entitled to be paid interest also? (3). There is no denial to the fact that the insured amount has been paid to the petitioner in January 2011 only and the bonus to the tune of Rs.3492/- and Rs.2318/- has been paid vide cheques No.124049 and 124017 dated 01.02.2011. The plea taken by the respondent-Insurance Company that the policies had lapsed or that the petitioner never applied for their renewal is devoid of any merit for more than one reason. The record reveals that the petitioner, who is an illiterate woman belonging to the poorest section of society, has been approaching/representing the Insurance Company for encashment of the insurance policies through the Municipal Authorities. Moreover, the subject amount remained lying with respondent No.5/Insurance Company, therefore, also the petitioner is entitled to interest thereupon. CWP No.9961 of 2010.doc - 3 – (4). The writ petition is, accordingly, allowed to the extent that respondent No.5/ Insurance Company is directed pay interest @ 9% per annum to the petitioner w.e.f. 01.10.2001 till the date of actual realization. The arrears of interest shall be paid within a period of two months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 01.04.2011 vishal shonkar (S u r y a K a n t) Judge