Court-3 APPEAL NO. 591 of 2016 Dt: 01.04.2022 Oil and Natural Gas Corporation Ltd.

Regional Office, Near Baroda Dairy, Vadodara. …Appellant Vs.

1. Smt. Bhudeviben Sashikant Kakde, 3, Rupali Society, Opp. Motinagar-2, Susane-Tarsali Road, Vadodara.

2. Life Insurance Corporation Of India Ltd.

Vadodara Divisional Office, Surat Plaza-II, Sayajiganj, Vadodara. ...Respondents Appearance: Mr. A. R. Mehta, Ld. Advocate for the appellant Mr. Shashikant Gade, Ld. Advocate for the Res. No.1 Mr. B. A. Saiyed, Ld. Advocate for the Res. No.2 Coram: (Shri S. N. Vakil, Judicial Member)

(Smt. J. Y. Shukla, Member)

Order by Shri S. N. Vakil, Judicial Member

1. This appeal is by O. N. G. C. Limited.

2. The Complainant – Opponent no.1, Smt. Bhudeviben Shashikant Kakde, filed Consumer Complaint No. 288 of 2004 with CDRF, Vadodara against the O.N.G.C.Ltd. and LIC of India alleging that her husband Sashikant Narharirao Kakde had taken three policies from the LIC of India as: (A) Policy No. 870370877 for Sum Assured Rs. 50,000/- with commencement date as 28.03.1989, date of Maturity 28.03.2009, Table and Term 88/20, Premium Rs. 261.30/- per month, mode of Premium - Salary Savings Scheme (SSS) with herself as nominee; (B) policy No. 870370877 for Sum Assured Rs. 50,000/- with commencement date as 12.12.1990, date of Maturity 12.12.2010, Table and Term 88/20, Premium Rs. 273.30/- per month, mode of Premium - Salary Savings Scheme (SSS) with herself as nominee; (C) Policy No. 872625124 for Sum Assured Rs. 50,000/- with commencement date as 28.02.1996, date of Maturity 28.02.2011, Table and Term 89/15 Jeevan Sathi (Double Cover Joint Life Plan), Premium Rs. 415/- per month, mode of Premium - Salary Savings Scheme (SSS) for which nominee is not required as the complainant was joint holder of the policy. Her husband met with an accident near Ajwa Chowkdi, while coming down driving the scooter from Ajwa towards Vadodara, collided with a truck coming from Bombay and going towards Ahmedabad. He expired due to brain injuries on 5.02.2004. He was serving in ONGC Vadodara as Executive Engineer in Electical Department for so many years. Afterwards he was transferred to Mehsana with effect from 29.05.2002. his last pay certificate showing three LIC premiums were being deducted every month from salary. He gave an application on 12.12.2002 in ONGC Mehsana Office to deduct LIC Premiums from his salary. He was transferred from ONGC Mehsana to Nazira Office at Assam vide letter dated 16.05.2003. At Nazira Office Assam also he had given a letter to deduct the LIC premiums from his salary vide letter dated 28.08.2003. He had taken voluntary retirement w.e.f. 30.11.2003. Complainant filed death claim in LIC’s Office and accordingly it passed death claims on the basis of surrender value only, for Rs. 78,700/-, Rs. 69,134/-, and Rs. 21,389/- respectively for the said policies. LIC of India stated that ONGC Mehsana and Assam has not deducted LIC premiums from deceased husband. As per complainant’s calculation Rs. 8,00,000/- are payable to complainant to death claims of above three policies from the respondents. Due to negligence on the part of opponent’s present complaint is offered only Rs. 1,69,233/-, on death claim from all the three policies and hence Rs. 8,00,000/- are to be recovered from respondent jointly as deficiency in services and negligence are there. For these she claims in full for three policies, from opponent No. 1 and 2 with 12% interest w.e.f. date of death, Rs. 5,000/-

towards mental pain and Rs. 2,000/- towards costs.

3. The defence of ONGC vide written version is of denial. The policies mentioned in the complaint if taken by the complainant husband might have been taken by him in his individual capacity and ONGC is not concerned about such policies which are alleged to have been taken