KIRAN ANAND LALL, J. - (1.) APPELLANT is the mother of Jatinderpal Singh, in whose name his father Balbir Singh (respondent No. 4) had obtained an Insurance Policy No. 160207612, for a sum of Rs. 50,000, from respondent Nos. 2 and 3. In the suit filed by her, a declaration in respect of the civil death of Jatinderpal Singh who had not been heard of by anybody for the last seven years, resulting into her entitlement to get all the benefits arising out of this insurance policy was sought. The Trial Court as well as the first Appellate Court non-suited her, holding that in the facts and circumstances of the case no presumption regarding the civil death of Jatinderpal Singh could be drawn and, as such, the reliefs sought by her, were declined.
(2.) BOTH Courts have found, on the basis of evidence appearing on the Trial Court record, that Jatinderpal Singh was arrested by the police of Police Station, Sadar Phagwara, on 19.3.2002, in case FIR No. 26 dated 19.3.2002, under Sections 307/34, IPC, 25 of the Arms Act, 4/5 of the Explosive Substances Act, 1908, and 3/4/5 of the T.A.D. A. Act of Police Station, Sadar Phagwara, and he had absconded from the custody of police, whereupon police registered a case FIR No. 102 dated 16.12.1992 under Sections 307/224/225, IPC and Section 25 of the Arms Act, against him. His parents kept quite for a period of 8 years and, thereafter, his father applied to the Insurance Company (respondent Nos. 2 and 3) for the payment of the amount of his insurance policy as his whereabouts were not known for the last more than 7 years. The Insurance Company, however, refused to accede to his request, as the policy stood lapsed due to non-payment of premium and he had even not produced the death certificate of Jatinderpal Singh. No evidence was led by the appellant (plaintiff) to indicate as to what had been the fate of the two criminal cases (above referred to), registered against Jatinderpal Singh. Learned Trial Court rightly observed that in the absence of any such evidence, the possibility that Jatinderpal Singh had been, later on, arrested by the police and was facing trial; or had been tried and convicted/sentenced; or was declared a proclaimed offender by the Court, could not be ruled out. As a consequence, the Trial Court rightly refused to draw the presumption of civil death qua Jatinderpal Singh, and held that the Insurance Company had rightly refused to disburse the benefits of his insurance policy.
(3.) AFTER affirming the judgment of the Trial Courts in all respects, the first Appellate Court held in Para No. 22 of the judgment dated 2.6.2005 that "Jatinderpal Singh has absconded on 16.12.1992. Thereafter no premium of the insurance policy has been paid. Clause V of the Insurance Policy Ex. P-l provides that upon the non-payment of instalment, insurance policy be lapsed (?). So after 1992, Insurance Policy has lapsed for the non-payment of premium. Then after lapse of 8 years, plaintiff is not entitled to claim insurance amount from the lapsed insurance policy.";