B.N.SRIKRISHNA, R.V.RAVEENDRAN
Life Insurance Corporation of India – Appellant
Versus
S. Sindhu – Respondent
The court in this case did not explicitly hold that in the absence of deficiency in service, Consumer Fora cannot grant any relief. Instead, the court focused on the contractual terms of the insurance policy and the specific provisions regarding the payment of interest and the settlement of a lapsed policy. It clarified that interest is not payable on the reduced sum paid as a consequence of a lapsed policy, as the contract explicitly states that no interest will be paid on such payments (!) (!) . The court emphasized that the relief granted must be in accordance with the terms of the contract and the relevant law, and it rejected the claim for interest based on the contractual provisions and applicable statutes (!) (!) .
Furthermore, the court pointed out that the amount paid by LIC was not a refund of premiums but a reduced lump sum payable under the policy, and thus, the question of interest on premiums from the respective dates of payment does not arise (!) (!) . It also clarified that the award of interest on the amount paid in respect of a lapsed policy was not supported by the contract, statute, or law, and that courts cannot rewrite the terms of the contract to award interest contrary to its provisions (!) .
Therefore, the decision was based on the contractual and legal framework governing the insurance policy and not on a general principle that relief cannot be granted in the absence of deficiency in service. The court's reasoning was specific to the facts of the case and the nature of the relief sought, rather than a broad rule about deficiency in service and relief eligibility.
JUDGMENT
Raveendran, J.—The short question that arises for consideration in this appeal is whether in the case of a lapsed life insurance policy, the Life Insurance Corporation of India (‘the LIC’ for short) while paying the reduced sum payable by treating it as a paid-up policy, is liable to pay interest in regard to premiums paid from the respective dates of payment of premiums to date of settlement.
2. A policy of insurance dated 11.3.1994 for an assured sum of Rs. 5 lakhs with risk commencing from 4.12.1993 was issued in regard to the life of K. Thankachan under the ‘money back policy’ scheme for a period of 20 years. The premium payable was Rs. 8,306/- every quarter. The conditions of the policy made it clear that the policy will be in force only if the premiums were paid regularly, every quarter, and that if the premium was not paid before the expiry of the grace period provided, the policy will lapse. K. Thankachan paid the premiums till 4.6.1994 and did not pay the premiums thereafter. In August, 1996, he opted for revival of the policy by paying the arrears of premium from 4.9.1994 to 4.6.1996 with interest. Accordingly, the policy was revived and he paid the premium till 4.
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