State Consumer Disputes Redressal Commission
Life Insurance Corporation Of India & ... vs Smt. Mira Ghosh (Datta) & Anr on 6 August, 2008
JudgmentTripura2008-08-06 CONSUMER DISPUTES REDRESSAL COMMISSION TRIPURA APPEAL No.F.A-34 of 2007. Life Insurance Corporation of India & Ors. Appellants. Vs Smt. Mira Ghosh (Datta) & anr. Respondents. PRERSENT : THE HONBLE Mr.JUSTICE A.B.PAL, FORMER JUDGE GAUHATI COURT, PRESIDENT,STATE COMMISSION. MRS.G.SARKAR,MEMBER, STATE COMMISSION. MR.B.K.SHARMA,IAS(Retd),MEMBER, STATE COMMISSION. For the Appellants : Mr.N.Majumder,Advocate. For the Respondents : Mr.S.M.Chakraborty,Sr.Advocate Mr. S.Bhattacharjee,Advocate Date of Hearing : 2-8-2008. Delivery of judgment : J U D G M E N T
Mr.B.K.SHARMA,IAS(Retd),MEMBER, This appeal arises out of the judgment and award passed by the District Forum,West Tripura,Agartala in case No.CPA-11 of 2005 on 22-8-2007.
2. In brief the facts behind the case are as follows :-
This is Pradip Datta husband of the complainant took four policies bearing No-490878689 for Rs. 50,000/-, No-490475586 for Rs. 1,00,000/-, No-490475410 for Rs 2,00,000/- and No-490290626 for Rs 70,000/- and amount of those from the respondent-LICI. The policies lapsed due to non-payment if premium which were revived on payment of the requisite amount on 27-3-2003. In the mean time the life assured Pradip Datta suffered from a head injury on 26-3-2003 and succumbed to the sum on 27-3-2003 at about 9-30 p.m. The appellant complainant claimed to the respondent No-3 claiming an assured amount of Rs.5,50,000/- along with other benefits . Her persuation went in vain she sent an advocate notice to the respondent and in response to the same the General Manager, LICI vide his letter dated 26-10-2004 informed that he had called the policies filed for examination by the competent authority and that a decision in that record would be confined to the complainant appellant in due time. On 16-11-2004 the Senior Divisional Manager, LICI Silchar Division informed the advocate of the appellant that claimed under policy No-490878689 had been a repudiated and other three policies only the paid up value were set aside. The appellant thereafter preferred a complaint to the District Forum, West Tripura for issuing direction to the LICI for payment of the assured amount along with other benefits, compensation, c ost and interest.
3. The LICI contrested the case stating that the insured made false statement in the proposal No-680 dated 23-3-2003 regarding the condition of his health with ulterior motive . They state that the insured had suffered from a heard injury before the date of revival of the policiesbut hew did not disclose those facts at the time of revival . The LICI prayed for rejection of the complaint.
4. Sri Manoranjan Debroy the LICI agent and O.P. No-4 in CPA-11 of 2005 in which written statement submitted that he had collected the due premium of the four policies from the insured Oradip Datta for their revival. Sri Pradip Datta gave his declaration of good health on 26-3-2003 in the morning. Sri Debroy deposited the said premium to the LICI on 20-7-2003. The LICI received the said amount for revival of these four policies. He claimed that he was un-aware of the accident causing herad injury to Pradip Datta at the time of depositing the premium for revival of the policies.
5 After hearing both the parties in detailed on the basis of the written statement and evidences adduced the District Forum,West Tripura came to the conclusion that if it is not prove that the diseased Pradip Datta gave any false statement in the proposal form for revival of four insurance policies . The Learned Forum, found that all the four policies were duly revived by the Insurance Company on receipt of the due premium through their agent before the death of life assured Pradip Datta on 27-3-2003 and thus all these policies were duly inforced at the time of the insured. Accordingly the learned District Forum, West Tripura allowed the complaint and awarded a assured sum of Rs.5,50,000/- to the complainant. The sole legal heir of the deceased insured along with other benefits as per rule. The learned Forum also awarded a compensation of Rs.25,000/- for mental pain and agony along with a cost of Rs. 5,000/-
6. Being aggrieved with this judgment the LICI preferred the instant appeal before this Commission in the appeal pointed out that the total sum assured under the four policies was Rs.4,20,000/- and not Rs.5,50,000/-as awarded by the Le4arned Distri ct Forum,West Tripuraand that the Learned Forum should have appreciated that the polic y contract had become null and void that deliverating tension of securing the policies money by making untrue averments in the policy contract on the date of the revival . The LICI prayed for setting aside the judgment and award passed by the Distric t Forum, West Tripura on 22-8-2007 in CPA-11 of 2005 and for dismissing the complaint of the respondent.
7. Heard the argument put forward by two sides and also examined the evidences/documents available on record . The appellant pointed out that the sum assured against the different polic ies are as follows :-
Policy No. Sum assured 490878689 Rs.
50,000/-
490475586 Rs.1,00,000/-
490475410 Rs.2,00,000/-
490290626 Rs .
70,000/-
Rs.4,20,000/-
Thus the total sum assured, according to the appellant was Rs.4,20,000/- only and not Rs.5,50,000/-. The Learned counsel for the respondent Mr.S.M.Chakraborty,learned senior counsel admitted that there was an arithmetical