1984 INSC 0293
                                Life Insurance Corporation of India and Others

                                                           Vs

                                                  Smt. Kiran Sinha

                                          Civil Appeal No. 4308 of 1984

                                      (E. S. Venkataramiah, R. B. Misra JJ)

                                                      26.10.1984

                                                        ORDER

VENKATARAMIAH, J. -

1. Special leave is granted.

2. We have heard the learned Attorney-General and Shri A.K. Sen, learned counsel for the
respondent. The High Court could not have in the circumstances of this case directed the payment of
the money claimed under the insurance policies in question in a petition filed under Article 226 of
the Constitution. The only remedy available to the respondent in this case was a suit before a civil
court. The judgment of the High Court is, therefore, set aside.

3. The learned Attorney-General states that he would however recommend to the Board of the Life
Insurance Corporation to pay a sum of Rs 40,000 to the respondent in full settlement of her claim.
Shri A.K. Sen submits that the respondent would accept the sum of Rs 40,000, if paid, in full
settlement of the claim against the Life Insurance Corporation. We hope that the amount will be
paid to the respondent within six weeks.

4. The appeal is accordingly allowed. No costs.

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