BAUDI Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(RAJCDRC)-2006-11-1
RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 22,2006

Baudi Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents




JUDGEMENT

- (1.)THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant - complainant against the order dated 16.7.1999 passed by the learned District Forum, Nagaur in case No. 162/98 by which the complaint filed by the complainant -appellant under Section 12 of the Act of 1986 was dismissed.
(2.)THE necessary facts giving rise to this appeal are as follows : The complainant -appellant had filed a complaint before the District Forum, Nagaur on 31.7.1998 stating inter alia that her husband Andaram (hereinafter referred to as "the deceased") had taken insurance policy for Rs. 50,000 from the respondent No. 3 Manglaram, agent of the LIC. It was further stated in the complaint that on 15.4.1998, Rs. 2,907 were paid by the deceased to the respondent No. 3 as amount of premium of the policy. It was further stated in the complaint that on 24.4.1998, the deceased had died suddenly and after the death of the deceased, a claim was preferred by the complainant -appellant being wife and nominee of the deceased before the respondent -LIC and that claim was repudiated by the respondent -LIC through letter dated 10.6.1998 stating that since the amount of Rs. 2,907 was paid by the deceased on 15.4.1998 and the proposal form was filled up by the deceased on 21.4.1998 and since these papers had reached in the office of the respondent -LIC on 30.4.1998 and since prior to that, deceased had died, therefore, there was no concluded contract of insurance between the parties and, furthermore, the amount, which has been deposited by the deceased on 15.4.1998, had been returned. Thereafter, the present complaint was filed. A reply was filed by the respondent -LIC on 9.11.1998 in which they took the same pleas, which were taken by them in the repudiation letter dated 10.6.1998. It was further submitted that no doubt Rs. 2,907 were paid by the deceased on 15.4.1998 and proposal form was filled up by the deceased on 21.4.1998 and he was got medically examined on 22.4.1998 and these papers were received in the office of the respondent -LIC on 30.4.1998, but prior to that, deceased had died on 24.4.1998 before accepting his proposal form and, thus, there was no concluded contract of insurance between deceased and respondent -LIC. Hence, claim of the complainant appellant was rightly repudiated by the respondent -LIC and the present complaint deserves to be dismissed. After hearing the parties, the learned District Forum, Nagaur through order dated 16.7.1999 dismissed the complaint of complainant appellant holding inter alia that there was no valid insurance contract between the parties as before accepting the proposal form, deceased had died. Aggrieved from the said order dated 16.7.1999 passed by the learned District Forum, Nagaur, the appellant complainant has preferred this appeal.
(3.)IN this appeal, the main contention of the learned Counsel for the appellant is that since the amount for policy has been paid by the deceased before his death and the same was also accepted by the respondents before his death and proposal form was also filled up by the deceased before his death and deceased was also got medically examined by the respondents, therefore, in these circumstances, from every point of view, it should be treated that there was valid insurance contract between the parties and, thus, repudiation of claim of the complainant appellant by the respondents was wholly illegal, arbitrary and wrong one and it amounted to deficiency in service on the part of the respondents.
On the other hand, the learned Counsel appearing for the respondents has supported the impugned order of the learned District Forum.



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