Legal Question in Insurance Law in India
death claim
Sir,
My wife has taken insurance policy in 1995.My wife comitted suicide on 26.6.2000. She left a suicide note statitng that she is responsible for her act and no body is responsible.At the instigation of my father in law, a criminal case for the offences 304(B), 498(A) and 4(1) Dowry prohibition act launched against me. I was acquitted by the sessions court from all charges on 16.12.2002.
In the mean time, LIC was informed of the proceddings agains me by my father in law.so, LIC asked me wait unitil the out come of the vedict. After my acquittal, LIC has asked me to send the certified copy of judgement and a certificate from court(public prosecutor)saying the state has not gone on appeal. I have sent the judgement to the LIC on 29.5.2003 but I am not able to get such certificate reardeing appeal. Also I have not received any communication from LIB till date.
Qustion
1. Can I file a affidavit before the notary public stating that I have not recieved any notice from any court for any appeal filed against the order and send it to LIC
2.Is it obligatory to send such certificate.
Kindly advise me.
2 Answers from Attorneys
Re: death claim
To your queries:
1. You can file an affidavit as indicated in your mail.
2. It is not obligatory to produce such certificate.
Re: death claim
Sir,
You may count 90 days of appeal from the date of decision w.e.f. 16/12/2002
If appeal was not filed against the acquittal then you may file an affidavit before LIC in that respect. Besides this you may file suit for mandatory injunction before the competent court of law for paying the claim amount. Besides this, It is mandatory to submit that certificate.
Thanks
Verender Kumar Nagrath
From Panipat
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