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S.A.KADER, R.N.MANICKAM, RAMANI MATHURANAYAGAM
M. KANAGAVALLI – Appellant
Versus
DIVISIONAL MANAGER, L. I. C. OF INDIA – Respondent


Advocates:
Counsel for the Parties :
For the Complainants :Tr. M. Shakir Ali, Advocate.
For the Opposite Parties :Tr. V. Ramasubramanian, Advocate.

ORDER

Thiru Justice S.A. Kader, President— This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The Complainants are heirs and legal representatives of Late Murugesan, who died on 28.4.91. The said Murugesan had taken a Policy of Life Insurance with the 2nd Opposite Party fora sum of Rs. 1,00,000/-. The 1st Complainant, who is his wife is the Nominee under the Policy. The premium was Rs. 1,247.50 payable quarterly. The 3rd premium due on 23.2.91 was not paid within the period or even during the grace period of one month. On 27.4.91, the deceased Murugesan took a Pay Order for the policy amount of Rs. 1,247.50 and interest of Rs. 12.50, totalling Rs. 1,260/- from the UCO Bank and sent it to the 2nd Opposite Party by post under 'Certificate of Posting.' The Pay order has been encashed by the 2nd Opposite Party on 3.5.91. The 2nd Opposite Party sent the demand notice for the 4th quarterly premium due on 22.6.91. But, in the meanwhile, the said Murugesan died in an accident on 28.4.91. The Complainants claim the policy amount and the 2nd Opposite Party repudiated the claim on the ground that the assured died before revival of the policy. Hence this





















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