WP(C) 1214/2003 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY None appears for the petitioner. However Ms. A. Ajitsaria, learned counsel appea rs for the respondent Insurance Company. The repudiation of an insurance claim under the Janata Personal Accident Insurance Policy of the United India Insurance Company Ltd. in respect of the d eath of the petitioner’s husband Late Nirup Dowarah through drowning, has led to filing of the instant petition. It is pointed out by Ms. Ajitsaria from the Insurance Policy that the cl aim for an accidental death claim occasioned by a suicide, is excluded as per th e policy terms executed by the deceased. The police report in UD Case No. 13/200 1 of the O.C. of Bilashipara Police Station is referred to by the learned counse l to show that it was established by the police that Lt. Nirup Dowarah committed suicide by jumping into the Gouranga river. Accordingly it is contended by the respondent that there is no merit in the instant petition and the same ought to be dismissed. The submission made on behalf of the respondents appears to have force. Nevertheless, in view of the absence of the petitioner, the case is dismissed fo r non-prosecution rather than on merit.