POTHALA KONDAMMA Vs. MANAGER, LIFE INSURANCE CORPORATION

JUDGEMENT

(1.) The appeal emanates from the order in C.C.No.141/08 on the file of District Forum-I, Visakhapatnam.

(2.) The facts of the case are that the husband of the complainant during his life time obtained Endowment Insurance Policy for a sum of Rs.1,00,000/- for a period of 10 years. The husband of the complainant opted for Voluntary Retirement from service on 26.7.1971 and he died on 23.11.2001. The 2nd Opposite party neglected to pay the premium. The 1st Opposite party had not informed the complainant about the non-payment of the premium. The Opposite parties refused to pay sum assured where on the complainant has got issued Legal Notice for which a reply was tendered by the opposite party that the complainant would be heard later. The 1st Opposite party remained exparte. The 2nd Opposite party contested claim denying the material allegations of the complaint and contended that there is no privity of contract between the 2nd Opposite party and the husband of the complainant nor any consideration has been received by them.

(3.) The complainant has filed her Affidavit and got marked Ex.A1 to A8. The 2nd Opposite party has filed his Affidavit and no documents have been filed on behalf of the Opposite parties. The District Forum has dismissed the complaint opining that the Insurance policy was not in force at the time of death of the husband of the complainant.