SARVARI BIBI WIDOW Vs. DIVISIONAL MANAGER, LIC OF INDIA
LAWS(HPCDRC)-2010-9-6
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 14,2010

Sarvari Bibi Widow Appellant
VERSUS
DIVISIONAL MANAGER, LIC OF INDIA Respondents

JUDGEMENT

- (1.) PREDECESSOR -in -interest of the appellants, late Shri Rehmat Ali was insured with respondent Nos. 1 & 2 in the sum of Rs.15,00,000/ -. Premium payable was half yearly on 28th of March and 28th of September every year. Appellant No.1 was the nominee being his wife. It is admitted case of the parties that Rehmat Ali died on 10.11.2003. Policy bond placed on record by the respondents No. 1 & 2 is Annexure RW.1. This policy came into force with effect from 28.3.2003.
(2.) FROM the record of the complaint, it is made out that the deceased, Rehmat Ali was working as a Contractor with respondent No.3 and had been awarded work of road cutting.
(3.) NOW the dispute starts between the parties. According to the appellants, on a request having been made to respondent No.3 by their predecessor, i.e. late Shri Rehmat Ali, the said respondent remitted Rs.49,839/ -, the premium amount to the LIC of India at its Sungernagar Branch, respondent No.2. As per averments made in the complaint, this cheque was sent under certificate of posting, copy whereof is Annexure C.4. Copy of the cheque is Annexure C.3. This cheque, C.3 is dated 20.9.2003. Thus, according to them, premium that was due on 28th September, 2003 was remitted well in time on behalf of the deceased life -assured to respondent No.2. This cheque was received according to respondent Nos. 1 and 2 at Sundernagar on 23.12.2003. Before proceeding further in the matter, we may notice that premium that was due on 28.9.2003 could be paid upto 28.10.2003, as such if the money had been remitted till this date, it would have been a valid payment of premium during the life time of the deceased life -assured. Appellants with a view to support their plea that the premium was paid on 20.9.2003 at the instance of deceased to respondent No.2 by respondent No.3, have also placed on record a copy of the statement of accounts, Annexure C.5. This statement according to them is from the accounts book of respondent No.3, wherein the amount of premium vide cheque, Annexure C.3, had been shown to have been debited to the account of the deceased Rehmat Ali on 20.9.2003 itself. That being the position, according to the appellants, death having taken place after the payment of the premium well before the due date as per policy bond, Ex.RW.1, they were liable to be indemnified by respondent Nos.1 and 2.;


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