LATA MAHARANA Vs. INDIAN RARE EARTHS LIMITED

JUDGEMENT

(1.) BEING felt aggrieved by the order of the District Forum rejecting her complaint, the complainant has filed this appeal.

(2.) THE appellant filed the complaint alleging deficiency in service on the part of the respondents in the matter of non -payment of full insurance amount. The facts of the complaint are in a narrow compass. The appellants case is that his son Jayadev Moharana was working as an Assistant Foreman under the Indian Rare Earths Limited, Matikhalo (hereinafter referred to as respondent No. 1). While in service, he had taken three policies namely, (i) MP No. GI (EDLI) 30458 for Rs. 37,000, (ii) LIC policy No. 580059320 for Rs. 25,000 and policy No. GSLI 30110 for Rs. 70,000. He died on 6.5.1994 while in service. The premium amounts covered under the policies were deducted from his monthly salary by the respondent No. 1 who used to remit the same to the respondent No. 2. After his death the appellant being the mother and legal representative of the deceased Jayadev Moharana claimed the amounts from the respondents. Instead of paying the full amount under the policies the respondent No. 2 paid a portion of them without any legal justification.

(3.) THE case of the respondent No. 2 is that due to non -payment of the premium amounts the LIC policy and the GSLI policy automatically lapsed and only amount due on the basis of the premiums remitted, was paid to the appellant. Had the premium amounts been paid till the death of the deceased the appellant would have got the full benefit. She was entitled to Rs. 26,000 under policy No. MP No. GI (EDLI) 30458 and the same amount was paid to her.