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2016 Supreme(All) 1629

SUNEET KUMAR
LIFE INSURANCE CORPORATION OF INDIA – Appellant
Versus
PERMANENT LOK ADALAT – Respondent


Advocates:
Counsel :
Manish Goyal for the Petitioners; S.C. and Ajay Bhanot for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—Heard learned counsel for the parties.

2. Life Insurance Corporation (LIC) is before the Court assailing the award dated 6 March 2014 passed by the first respondent, Presiding Officer, Permanent Lok Adalat, Meerut, in PLA No. 112 of 2013, whereby, the petitioner has been directed to pay the entire sum due on the life insurance policy alongwith 9% interest from the date on which the petition was presented.

3. The facts, briefly stated, is that the second respondent, Dharam Pal Singh on 23 March 1995 had taken a Money Back Policy with profits for 25 years for his son Sanjeev Kumar Singh. The sum assured was for Rs. 1 lac. It is not in dispute, inter se, parties that the premium was paid at regular intervals by the second respondent. On 23 November 2013, the second respondent informed the LIC that his son has gone missing on 6 July 2005 and since more than 8 years have lapsed, therefore, a presumption of death be drawn, consequently, the sum due on the policy alongwith accrued bonus be paid.

4. Petitioner LIC rejected the claim of the second respondent on a plea that civil death can be presumed only after a declaration by a Court and in absence of a de










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