LIFE INSURANCE CORPORATION OF INDIA Vs. MANGALA RUDRAPPA MENSHI

JUDGEMENT

(1.) THIS appeal is by the appellant/opposite party (for short, "O.P.") challenging the Order of the District Forum allowing the complaint of the complainant.

(2.) THE husband of the complainant one Rudrappa Basappa Menshi (for short, the "Insured") had taken four Life Insurance Policies from the O.P. The total assured sum under the four Policies is Rs. 30,000. The Insured was missing from 12.5.1995. After 7 years, the complainant made an application before the Civil Court for a declaration that her husband is deemed to have been dead, as his whereabouts were not known for the last 7 years. We are told that the Civil Court has issued a Certificate declaring the death of the Insured. Thereafter, the complainant made a claim before the O.P. for payment of the assured sums under the four policies. The said claim was repudiated by the O.P. on the ground that the policies were in a lapsed condition, since no premiums were paid by the Insured in respect of the four Policies from 12.5.1995 onwards. Challenging this repudiation, the complainant filed the complaint before the District Forum. The District Forum has allowed the complaint relying upon the Certificate issued by the Civil Court. This Order of the District Forum is under challenge by the O.P. in this appeal.

(3.) THE learned Counsel for the O.P. submitted that the presumption of death on the ground of missing for the last 7 years is only after the expiry of 7 years from the date of missing and not earlier to that. In support of this contention, he relied upon the decision of the Supreme Court in the case of Life Insurance Corporation of India v. Anuradha, 2004 2 SLT 1065.