LIFE INSURANCE CORPORATION OF INDIA Vs. RAMILA CHAUHAN
LAWS(HPCDRC)-2009-3-1
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 30,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Ramila Chauhan Respondents

JUDGEMENT

ARUN KUMAR GOEL - (1.) SINCE both these appeals have arisen out of the order dated 19.3.2007, passed by District Forum, Shimla in Consumer Complaint No. 90/2003, as such they were heard together and are being disposed of by this order.
(2.) BY means of impugned Order dated 19.3.2007 while allowing the complaint of respondent appellant has been directed to pay the sum insured i.e. Rs. 30,000 with bonus etc. to her along with interest @ 9% per annum from the date of filing of the complaint i.e. 13.3.2003 till realization, besides cost of litigation assessed at Rs. 2,000.
(3.) DECEASED Raghubir Singh Chauhan being insured with the appellant in the sum of Rs. 30,000 is not in dispute. Case set out by the respondent before the District Forum below was that since 1st April, 1994 the said Raghubir Singh Chauhan was missing and since then he is unheard of, therefore, she was entitled to the sum assured i.e. Rs. 30,000. When she was not paid this sum, she filed complaint out of which these appeals have arisen. Ground urged in support of the appeal of the LIC of India was, that there is nothing on record to suggest muchless establish that the deceased is to be presumed to have died under law, on the basis whereof respondent could maintain the claim. It was further submitted on behalf of the appellant that there has to be proper adjudication on this question, it is only thereafter that as an insurer it is to examine the case regarding admissibility to a beneficiary like respondent in the appeal before us.;


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