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S.A.SHAH, R.K.SHAH
LIFE INSURANCE CORPORATION OF INDIA LTD. – Appellant
Versus
GORDHANBHAI S. DOBARIYA – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. P.B. Desai, Advocate.
For the Opp. Party : Served.

ORDER

Mr. Justice S.A. Shah, President — The present appellant is the original opponent who has filed the appeal against the order of the District Forum, Junagadh. The judgment was delivered on 27.11.92 and the present appeal is filed on 5.2.93 and, therefore, there is a delay of more than one month. Therefore, the appellant has also made an application for condonation of delay.

2. That the order of the District Forum is only to return the amount of Rs. 660.50/- to the complainant. The amount being very small and there being a delay in filing the appeal, we were not inclined to entertain the appeal. However, Mr. P.B. Desai, the learned Counsel appearing on behalf of the LIC states that they are not interested in saving the amount but the complaint involves a principle of law which might hurt the Insurance Company in future.

3. According to Mr. Desai, the son of the complainant had taken life insurance and has paid the first premium of Rs. 660.50. After the payment of the first premium, the insured never cared to pay any other premium till he died. According to the rules and conditions of the policy, the policy will automatically lapse on non-payment of second premium. Once the policy








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