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1989 Supreme(Raj) 382

S.K.M.LODHA, DAMODAR THANVI, SARIA KHAN
Life Insurance Corporation of India, Bombay – Appellant
Versus
Shri Chatur Behari Lal, Udaipur – Respondent


Advocates Appeared:
Mr. M.D. Agarwal, Advocate, for Appellant; Mr. N.K. Maloo, Advocate, for Respondent No.1

—Order—

1. By this appeal under S. 15 of the Consumer Protection Act, 1986 (68 of 1986) ("the Act") opposite Party No. 3—appellant questions the legality and correctness of the order dt. 8-6-89 passed in Complaint Case No. 45/89 by the District Forum, Udaipur.

2. The facts leading to this appeal may briefly be stated. The com-plainant respondent is father of Shri Dilip Gupta now dead. Shri Dilip Gupta obtained policy No. 180151215 for Rs. 20,000/- dt. 18.7.86. The date of risk mentioned in the Policy is 27-6-86 and the date of maturity is 27-6-2006. Shri Dilip Gupta was born on 18.11.58 and the age entered in the policy is 28 years. The complainant is father of Shri Dilip Gupta now dead has been mentioned as nominee under S. 39 of the Insurance Act, 1938 (4 of 1938) ("the Insurance Act" herein). The policy was for 20 years money back policy with profits (With Accident Benefit). The annual premium was to be paid in four quarterly instalments stipulated due dates being in March, June, September and December of every year. Shri Dilip Gupta died in a road accident on Nov. 15, 1988. The premium upto June 27, 1988 had already been paid and after that no premium was paid. Before his death p



























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