LIFE INSURANCE CORPORATION OF INDIA Vs. RAJBIR KAUR

JUDGEMENT

(1.) HARBHAJAN Singh, father of respondent Nos. 1 -4 and husband of respondent No. 5 had taken the life insurance policy on 28.3.1992 for an amount of Rs. 2 lacs after making the payment of premium to the tune of Rs. 8,703. He died on 10.4.1992. Surinder Kaur, respondent No. 5 had re -married in the year 1993 with one Bhajan Singh and she had left her minor children all alone. Damandeep Singh and Ajay Pal Singh, sons of Harbhajan Singh were still minors. Respondent Nos. 1 -4 lodged the claim with the appellants but the claim was repudiated. Hence, respondent Nos. 1 -4 had filed a complaint on 3.5.2000 in the learned District Consumer Forum, Gurdaspur.

(2.) THE appellants filed the written reply. Preliminary objections were pleaded and the case was also contested on merits. It was pleaded that the complaint was hopelessly barred by time. It could be filed within a period of 2 years after the arising of cause of action. Harbhajan Singh had died on 10.4.1992 but the complaint has been filed on 3.5.2000. The appellants have destroyed the record relating to policy under reference. The policy had lapsed on 28.9.1992 without acquiring any paid up value due to non -payment of premium payable by 9/92. On merits, it was admitted that Harbhajan Singh had got himself insured with life insurance policy bearing No. 470002683 for a sum of Rs. 2 lacs after making the payment of Rs. 2,870 and not 8,703 as alleged by the respondents. The appellants had not received any information about the death of Harbhajan Singh except through the complaint filed by respondent Nos. 1 -4. Hence dismissal of the complaint was prayed.

(3.) ORIGINALLY respondent No. 5 was not impleaded as a respondent but thereafter she was impleaded as a respondent under the orders dated 24.8.2000 of District Forum.