Company allowed.
IMPORTANT POINT
In absence of a decree for declaration regarding presumptive death of insured, consumer complaint for claim under Life Insurance policy would not be maintainable.

Arun Kumar Goel, President—Since both these appeals have arisen out of the order dated 19.3.2007, passed by District Forum, Shimla in Consumer Complaint No.90/2003, as such they were heard together and are being disposed of by this order.

2. By means of impugned order dated 19.3.2007 while allowing the complaint of respondent-appellant has been directed to pay the sum insured i.e. Rs. 30,000 with bonus etc. to her along with interest @ 9% per annum from the date of filing of the complaint i.e. 13.3.2003 till realization, besides costs of litigation assessed at Rs.2,000.

3. Deceased Raghubir Singh Chauhan being insured with the appellant in the sum of Rs. 30,000 is not in dispute. Case set out by the respondent before the District Forum below was, that since 1st April, 1994 the said Raghubir Singh Chauhan was missing and since then he is unheard of, therefore, she was entitled to the sum assured i.e. Rs. 30,000. When she was not paid this sum, she filed complaint out of which these appeals have arisen.

4. Ground urged in support of the appeal of the LIC of India was, that there is nothing on record to suggest much less establish that the deceased is to be presumed to have died under law, on the basis whereof respondent could maintain the claim. It was further submitted on behalf of the appellant that there has to be proper adjudication on this question, it is only thereafter that as an insurer it is to examine the case regarding admissibility to a beneficiary like respondent in the appeal before us.

5. Mr. Verma submitted that from 1.4.1994 since the insured was unheard of by those with whom he would have been ordinarily in contact, he shall be presumed to be dead, therefore, the impugned order deserves to be upheld, even in the absence of there being declaration to that effect. We are constrained to reject the submission of Mr. Verma. Once this conclusion is arrived at, then the decision of this appeal need not detain us.

6. At this stage another submission was made on behalf of the LIC of India that policy was in a lapsed condition, as insurance premiums were not deposited on due dates, therefore, even if insured is presumed to be dead in law, appellant is not liable to pay anything. Since we propose to dispose of the appeal on the first question urged in these appeals by the Life Corporation of India, we are expressing no opinion on the plea that the policy was in a lapsed condition. This question is left open to be adjudicated upon by a court of competent jurisdiction in case the respondent so chooses to initiate any action in accordance with law.

7. In the face of the above discussion, appeal filed by Smt. Ramila Chauhan needs to be rejected, ordered accordingly, while allowing appeal filed by the Life Insurance Corporation of India.

8. No other point is urged.

In the light of this, while allowing Appeal No. 238/2007 and dismissing appeal No. 308/2007, order passed by District Forum Shimla, in Consumer Complaint No. 90/2003, dated 19.3.2007 is hereby quashed and set aside subject to the following directions:

(a) That the dismissal of the complaint will not preclude the respondent from initiating appropriate action in accordance with law by obtaining declaration regarding presumptive death of Raghubir Singh Chauhan, i.e. the insured in accordance with law and in the event of such a declaration being granted in her favour, it will give afresh cause of action to her to claim the amount from the respondent of the life insurance policy which is subject matter of these appeals;

(b) In case the respondent files any lis for redressal of her grievance, in such a situation she will be entitled to claim benefit of Section 14 of the Limitation Act, 1963 as she was prosecuting the matter before Foras under the Consumer Protection Act, 1986 under bona fide legal advise;

(c) It is reiterated as well as clarified again that whether the policy was in a lapsed state or not, we have expressed no opinion and parties will be fre