National Consumer Disputes RedressalAnand Shankar Singh vs Life Insurance Corporation Of India & ... on 10 April, 2003NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION




 

 



 

  

 

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION 

 NEW DELHI 

 

  

 

  

  REVISION PETITION NO.
996 OF
2003 

 

(From the order dated 12.12.02 in Appeal No.2131/2000 

 

of the State Commission Uttar Pradesh) 

 

  

 

  

 

Anand Shankar Singh   .. Petitioner 

 

 Vs. 

 

Life Insurance Corporation of India & Ors.  .. Respondents 

 

  

 

  

 

 BEFORE: 

 

  

 

 HONBLE
MR. JUSTICE D.P. WADHWA, 

 

  PRESIDENT. 

 

 MRS.
RAJYALAKSHMI RAO, MEMBER. 

 

 MR.
B.K. TAIMNI, MEMBER. 

 

  

 

Insurance
claim  insured taken ill  taken to Varanasi for treatment and while crossing
a bridge over a river died - body thrown in the river  water cremation
- certificate of death obtained on that basis  held  claim rightly rejected in the circumstances. 

 

  

 

  

 

For the petitioner : Mr. Chhote Lal Verma, Advocate 

 

  

 

   

 

 DATED
THE 10th APRIL, 2003: 

 

   

 O R D E RD.P. WADHWA, J.( PRESIDENT):It is the complainant
who is the petitioner before us. Though he succeeded for his claim of
insurance in respect of the life of Deena Nath Singh, assured, since died, he
lost in the State Commission on appeal filed by the respondent-Life Insurance
Corporation of India (LIC).Deena
Nath Singh, the deceased, took a life
insurance policy on 28.2.95 for Rs.1.00
lakh . Premium was to be paid quarterly
@ Rs.1,521/- per quarter payable in February, May, August and November of each
year. Deena Nath Singh died in the
month of September within seven months of his taking the policy. The dispute pertains to the date of death
whether Deena Nath Singh died on
20.9.95 as was contended by the LIC or on 22.9.95 as contended by the complainant. The dispute assumes importance as premium was paid only on 21.9.95 for two quarters of May
and August. It is also the contention of the LIC that the amount received on 21.9.95 was in
respect of the quarter ending May and
the assured was still in default of
premium due in the quarter ending August, 1995.Case
set up by the complainanat was that Deena Nath Singh was ailing and when he was taken for treatment to Varanasi while crossing the bridge on river Ganga between Balia and Varania, Deena Nath
Singh died and his body was
thrown in the river flowing underneath the bridge. It is alleged that dead body of Deena Nath
Singh was water cremated . In
support of his claim, complainant also brought on record a certified
copy of the death certificate issued by the Block Development Officer issued on
26.9.95. This certificate was
prepared on the statement made by the
complainant to the Block Development Officer that Deena Nath Singh died on
22.9.95. However, investigation by the LIC showed that Deena Nath Singh had
died on 20.9.95 and this was based on a statement made by the Gram Pradhan of the village, head of the
Panchayat under the Panchayat Raj Act.
District Forum did not place any credence on the certificate issued by
the Gram Pradhan that he was a
political person. This was no ground to discard the
certificate of Gram Pradhan since he was elected under the provisions of the
Act and as rightly held by the State Commission. In the circumstances, it
is difficult to believe the case set up
by the complainant. State Commission,
in our view has considered the whole
aspect of the matter threadbare and came to the conclusion that the death of
Deena Nath Singh occurred 20.9.95 and not on 22.9.95. Since Deena Nath Singh, the deceased, was in arrears of the payment of the premium
of insurance policy which lapsed and no amount could be claimed under the
policy.We
agree with the finding arrived at by the State Commission and we do not find
it is a case where we should
exercise our jurisdiction under clause(b) ofSection 21of the Consumer Protection Act. This revision petition is dismissed..J 

 

(D.P. WADHWA) 

 

PRESIDENT 

 

    

 

      ....(RAJYALAKSHMI RAO) 

 

MEMBER  

 

  

 

  

 


 ..(B.K. TAIMNI) 

 

  MEMBER