Insurance claims must be valid on the date of the incident, not merely on the date of death.

1 Petitioner a Society registered under the provisions of the Andhra Pradesh Cooperative Societies Act , 1964, in pursuance of the decision taken by the Andhra Pradesh Cooperative Banks Association on 27/03/1999, to continue the benefit of the Janata Group Accident Insurance Scheme for the members of the various Cooperative Primary Agricultural Societies, in order to cover the risk of its members paid the required premium of Rs.8.70 ps. for each of its members on 28/05/1999 to the first respondent. N. Satyanarayana, a member of the petitioner society, who was bitten by a dog on 02/05/1999, and was undergoing treatment died on 03/07/1999 due to Rabies, as certified by the Civil Assistant Surgeon, Government Hospital, Amalapuram. Consequently petitioner made a claim for payment of one lakh rupees due to the death of the said Satyanarayana, which was turned down by the first respondent on the ground that the risk commenced on 02/05/1999 long before the payment of premium on 28/05/1999. Hence, this petition for a direction to the first respondent to pay the amount of one lakh rupees due to the death of its member Satyanarayana.

2. The contention of the learned Counsel for the petitioner is since N. Satyanarayana and others were members of the Janata Group Insurance Scheme for the period 1998-99 also, even assuming that the risk which resulted in his death commenced even before payment of the premium for 1999-2000 on 28/05/1999 petitioner is entitled to receive payment from the first respondent since he was covered by the Janata Group Insurance Scheme for 1998-99 also.

3. The contention of the learned Counsel for first respondent is that during 1998-99 the Janata Group Insurance Scheme policy taken by the petitioner was in force from 13/04/1998 to 12/04/1999 and since the risk took place on 02/05/1999, subsequent to the expiry of the period of policy for the period 1998-99, and since risk took place prior to the payment of premium for 1999-2000, question of first respondent paying any amount to the petitioner does not arise. In reply, the contention of the learned Counsel for the petitioner is that since premium for 1998-99 was paid on 08/06/1998 risk for 1998-99 should cover the period 08/06/1999 to 07/06/1999, and so the petitioner is entitled to the relief sought. He placed strong reliance on G. Laxminarasamma (Smt.) v. Director, A. P. Engg.Research Labs., Himayathsagar, Hyderabad and another1 case.

4. At the outset it should be stated that the case of the petitioner is that since it took out the policy to cover the risk of its members for 1999-2000 and since its member Satyanarayana died on 03/07/1999 it is entitled to receive one lakh rupees from the first respondent. There is no whisper about its paying the premium for 1998-99. It is only during the course of arguments, the learned Counsel for the petitioner contended that since petitioner was a member of Janata Group Insurance policy for 1998-99 also, petitioner is entitled to the benefit under the scheme in respect of the death of its member Satyanarayana.

5. The documents produced by the first respondent, show that the group insurance policy issued by the first respondent to the petitioner for the year 1998-99 was valid from 13/04/1998 to 12/04/1999. The risk in this case admittedly took place on 02/05/1999, subsequent to the expiry of the policy for the period 1998-99. The contention of the learned Counsel for the petitioner that since premium for the year 1998-99 was paid on 08/06/1998 the risk period should be from 08/06/1998 to 07/06/1999 and since the accident took place on 02/05/1999, well within the period of one year from the date of payment of premium petitioner is entitled to Rs.50,000/- as per the poli