Mr. Justice K.D. Shahi, Chairman—This is an appeal by the Life Insurance Corporation of India against the judgment and order dated 28.6.2003 passed by the District Forum, Nainital whereby the claim of the claimant was allowed.

2. The brief facts of the case are that Smt. Tara Joshi, the mother of the complainant, has taken a Life Insurance Policy Master Plan for a sum of Rs. 25,000/-. She was employed in PWD Department under opposite party No. 2 on the post of Beldar. The premium of the policy was paid by the opposite party No. 2. The insurance policy was taken in August, 1993 and a sum of Rs. 25.00 as premium was deducted each month from the salary of Smt. Tara Joshi. It is said that the premium was paid till May, 1999. During the service Smt. Tara Joshi died on 11.5.1999. Information was given to the opposite party but they did not prefer to make payment. It is deficiency in the service of the opposite party, hence the complaint was filed.

3. The Insurance Company admitted the insurance. It is said that the PWD Department only paid the premium. It is said that since the premium was not paid in time hence the policy lapsed and the paid-up value of Rs. 1,533/- was tried to be pa