Decided on July 24,1999



J.N.SARMA,PRESIDENT - (1.)THIS appeal has been filed against the judgment dated 31.7.1998 passed by the District Forum, Kamrup at Guwahati in C.P. Case No. 131 of 1997.
(2.)THE brief facts are as follows : The husband of the claimant had an insurance policy with the Life Insurance Corporation of India for an amount of Rs. 2 lakhs. The policy was in the year 1994 and the mode of payment of the premium was half yearly. The admitted position in this case is that the premium due for the month of March, 1995 was paid by cheque and the cheque was dishonoured due to insufficient amount in the bank account and the concerned bank issued a certificate dishonouring the cheque and the LIC was informed. Accordingly the LICI wrote a letter to the husband of the claimant. There was some dispute whether this letter has been received by the husband of the claimant or not. Be that as it may, thereafter the premium was paid alongwith interest @ 115.60 p. in the month of September, 1995 and a receipt was issued by the LICI. Later on the LICI realised that this receipt was wrongly issued and accordingly this amount was adjusted against the premium due for the month of March, 1995. The husband of the claimant died on 1st January, 1996 and thereafter a claim was lodged on LICI for payment of the amount. The LICI repudiated the claim on the ground that the insurance policy has lapsed as no premium was paid for the month of September, 1995. It was found that during the month of September, 1995 there was some correspondences, but the amount was not paid and accordingly the complaint case was filed before the District Forum. Before the District Forum original receipt was produced. The District Forum on consideration of the materials on record found that the registration receipt sending notice to the opposite party was in the name of K.C. Kyal though the name of the husband of the claimant was R.C. Kyal. But it was found by the Distt. Forum that the notice was correctly addressed and properly stamped and no presumption was drawn. This finding of the District Forum is not correct inasmuch as under the general clauses what is the requirement is that the letter should be correctly addressed will be paid and posted and if that is present, a presumption can be drawn. Accordingly, this finding of the District Forum also is not correct. Be that as it may, nothing will happen inasmuch as it is found by the District Forum that the premium for the month of March, 1995 was not paid and as there was default in payment of premium also itself policy will lapse. The District Forum having taken a sympathetic view of the matter directed the LICI to pay the following :
(i) Rs. 7,706/ -, the amount paid against the premium due for the month of September, 1995 with interest,

(ii) a sum of Rs. 3,000/ - as compensation and sum of Rs. 1,000/ - as costs. We do not like to interfere with this portion of the judgment, as if is not in challenge before us.

(3.)ACCORDINGLY this appeal shall stand dismissed. Heard Mr. J. Singh, learned Advocate for the appellant and Mr. B.R. Dey, learned Advocate for the respondents. Appeal dismissed.

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