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FA/No/222/2014
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MUMBAI CIRCUIT BENCH AT AURANGABAD.
Date of filing : 28/04/2014
Date of order : 19/10/2015
FIRST APPEAL No
: 222 of 2014
IN COMPLAINT CASE NO : 22 OF 2012
DISTRICT CONSUMER FORUM: HINGOLI.
The Life Insurance Corporation of India Ltd
Divisional Office,”Jeevan Prakash”
Adalat road Aurangabad through its
Manager (L&HPF) Hemant Baburao Mali
R/o.LIC Quarters Adalat road,
Aurangabad 431 005.
APPELLANT
VERSUS
1. Smt.Dipali Gajanan Bodhane
R/o.Basmat Dist. Hingoli 431 512.
2. Sanjay Kshirsagar
R/o.Bhatti Galli Basmat Nagar,
Dist.Hingoli 431 512.
RESPONDENTS
Coram : Mr.S.M.Shembole, Hon’ble Presiding Judicial Member.
Mrs.Uma Bora, Hon’ble Member.
Present : Adv.Shri. S.R.Malani for the appellant.
Adv.Shri.Ghatol Patil for the respondent No.1.
Respondent No.2 ex-parte.
J U D G E M E N T
( Delivered on 19th Oct. 2015 )
Mrs.Uma Bora, Hon’ble Presiding Member.
FA/No/222/2014
1. The Life Insurance Corporation of India Ltd through its
Manager Aurangabad preferred this appeal being aggrieved by the
judgment and order passed by the Dist. Consumer Forum Hingoli
on 28/02/2014 partly allowing the consumer complaint No.
22/2012.
2.
The brief facts giving rise to this appeal are as under:
Complainant Smt.Dipali Gajanan Bodhane resident of Basmat
Dist. Hingloi is wife of deceased Gajanan. Said Gajanan has
obtained life insurance policy bearing No. 987571524 for sum
assured Rs 2,50,000/-. Half yearly premium of Rs 6065/- was
required tobe paid. Complainant had deposited first premium on
15/11/2010, second on 15/06/2011 and third on 06/01/2012.
Premium of May 2012 was not deposited in time therefore his
policy was in lapsed condition. But on 21/07/2012 he paid
premium amount to respondent No. 3 Shri.Sanjay Kshirsagar who
is agent of LIC of India. On 22/07/2012 Gajanan with his friend
went on picnic to Sahastrakund but he did not return on that day
to his house and his dead body was found on 24/07/2012.
Accordingly accidental death was registered at Islapur Police
Station. The agent Sanjay deposited the premium of policy on
23/07/2012 vide receipt No. 0081085.
FA/No/222/2014
3. After the death of Gajanan, complainant had preferred the
claim for sum assured Rs 5,00,000/- as policy was for double
accidental benefit. But her claim was repudiated on the ground that
at the time of death of Gajanan policy was in lapsed condition and
premium was paid for revival of policy after the death of Gajanan.
Therefore complainant approached to Dist. Consumer Forum by
claiming compensation sum assured Rs 5,00,000/- with interest
and Rs 20,000/- for mental agony etc.
4. Respondent appeared before the Dist. Consumer Forum and
resisted the complaint. Respondent No. 1 LIC resisted the claim on
the ground that at the time of death of Gajanan, policy was in
lapsed condition. Therefore complainant is not entitled to claim any
amount. Respondent No. 2 also supported the said contention and
respondent No. 3 agent submitted that he received the premium
amount from the Gajanan on 21/07/2012 but on the next day it
was Sunday and therefore on 23/07/2012 he deposited the
premium amount and he came to know about accidental death of
insured on 24/07/2012. It is his duty that on receipt of amount it
is tobe deposited in LIC and he has not liable for any deficiency in
service.
5. After hearing both the parties Dist. Consumer Forum held that
as dead body was found on 24/07/2012 it can be said that
Gajanan was died on 24/07/2012. Therefore Dist. Consumer
Forum directed LIC Pay Rs 5,00,000/-.
FA/No/222/20
