FA/19/862 FA/15/252 FA/15/253 Delhi Electric Supply Vs. Basanti Devi and anr , Appeal No. (Civil) 6113/1995 (SC) , Order dated 28-09-1999 & Chairman Life Insurance Corrporation & ors Vs Rajiv Kumar Bhasker Appeal No. 6028/2002 (SC) Order dated 28-07-2005 FA/15/252 FA/15/253 FA/15/252 Assistant Area Manager S.E.C.L. & Another Vs. Meera Garg &

Others II(2006) CPJ 221 (NC)

3. "Coming to the merits of case , Lallu Prasad Garg, husband of respondent No. 1 was employed with the petitioners . He had taken policy of Rs. 2,50,000/- under Salary Saving Scheme and amount of Rs 244/- per month towards premium was being deducted form his salary . Life assured died on 3-8-1999. On claim being repudiated on ground of policy having lapsed due th non- payment of premium for the month of November 1998, the respondent No. 1 Filed complaint which was contested by the petitioners and respondents 2 & 3 . Petitioners alleged that in the month of November , 1998 no amount was available for being deducted towards premium from the salary of assured.

4- Submission advanced by Mr. Ajit K.Sinha for petitioners was that it was only the liability of respondent Nos. 2 and 3 Insurance Company to pay the awarded amount . According to him , in terms of the letter dated 13-3-1997 (copy at page 27) the assured had consented to face the consequences arising out of non-payment of premium and the assured , thus , should have ensured that premium for November , 1998 , was remitted by him direct to the Insurance Company. Submission is , however , without any merits . It is the liability of both the Insurance Company and employer to pay the amount under the policy in question . Further , even if the amount of premium for deducted from the salary of assured it is not the case of petitioners that the assured through a notice was informed about the consequences of non-receipt of that premium as held in the decision of the Apex Court in Chairman , Life Insurance Corpn. And others Vs Rajiv Kumar Bhaskar , V (2005) SLT 567 = (2005) 6 SCC 188. On the basis of said letter dated 13-3-1997 . There is , thus no illegality or jurisdictional error on either of the said counts in the order of State Commission. For both the aforesaid reasons , the revision petition is dismissed . mijksDr fuf.kZr U;k; n‘"Vkar bl izdj.k ds rF;ks a ds le:i gS A Delhi Electric Supply Vs. Basanti Devi and anr , (Supra) , Chairman Life Insurance Corrporation & ors Vs Rajiv Kumar Bhasker (Supra)

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