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2015 Supreme(Ker) 1252

A.MUHAMED MUSTAQUE
Life Insurance Corporation of India – Appellant
Versus
A. Thresiamma – Respondent


Advocate Appeared:
For the Appellant :R.S. Kalkura, M.S. Kalesh and Harish Gopinath, Advocates
For the Respondents:Sherly Thomas, Advocate

JUDGMENT :

A. Muhamed Mustaque, J.

1. The petitioner-Life Insurance Corporation of India has approached this Court challenging an award passed by the Insurance Ombudsman, Cochin in a complaint filed by the first respondent. Ext. P. 5 is the said order. The first respondent has a mentally retarded child. She took a Jeevan Aadhaar Policy on 09/03/2003. This policy is mainly meant for the benefit of handicapped dependants. The premium amount will have to be paid for ten years. She paid the entire premium amount. She approached the Insurance Company for payment of Rs. 7000/- every month based on the policy conditions or to grant the surrender value of the policy.

2. As per the conditions in the policy, the benefit is payable on happening of the events stipulated in the policy. In the policy, the benefits payable are on the following conditions:

"Benefits payable and events on the happening of which they are payable:

If the policy is in force for full Sum Assured in the event of death of the Life Assured Twenty percent of the amounts comprising of the Basic Sum Assured, Vested Guaranteed Additions and Terminal Addition if any, such amounts being hereinafter referred to as the Notional Sum As




















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