On a plea challenging the constitutionality of Section 39(7) of the Insurance Act, the Calcutta High Court issued a notification to the Central govt.
On August 19, while hearing a plea filed by Malabika Ghosh, a Single Bench of Justice Rajasekhar Mantha issued directions to the Additional Solicitor General, questioning the constitutional vires of Section 39(7) of the Insurance Act, 1938, which has been amended on December 26, 2014, by the Insurance Laws (Amendment) Act, 2015.
The plaintiff also requested a writ of mandamus prohibiting the Insurance Company from paying the defendants any compensation under two life insurance taken out by her late spouse.
The Court ordered the insurance company to advance the benefits of the petitioner’s mother-in-insurance law’s policy “as speedily as feasible, ideally within ten days of receipt of a copy of this decision.”
Lawcutor 