Madras High Court
M.Manonmani vs The Executive Director (Marketing) / on 14 August, 2014
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2014 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.2826 of 2013 M.Manonmani ... Petitioner Vs. 1.The Executive Director (Marketing) / Master Policy Holder for Confirmed Tied Agents, LIC of India, Central Office, 'YOGAKSHEMA', Jeevan Bima Marg, Nariman Point, Mumbai-400 021. 2.The Senior Branch Manager (P & GS) / Insurer / Servicing Office, LIC of India, Pension Group Insurance Section, 'Jeevan Prakash', Palam Station Road, Sellur, Madurai-625 002. 3.The Manager (Sales) / Master Policy Holder for the Club Agents, LIC of India, Divisional Office, Palam Station Road, Sellur, Madurai-625 002. 4.The Branch Manager / Nodal Officer, LIC of India, Career Agents Branch, Palam Station Road, Sellur, Madurai-625 002. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to grant death claim benefits of the Petitioner's deceased husband under Group Insurance Scheme for LIC confirmed Agents, Chairman's Club Member death benefits and also the term insurance benefits for agents by considering the Petitioner's representation dated 20.07.2012. !For Petitioner : Mr.B.Rooban For Respondents : Mr.C.Godwin :ORDER
The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents to grant death claim benefits to the petitioner's deceased husband under the Group Insurance Scheme for LIC confirmed agents, Chairman's Club Member death benefits and also the term insurance benefits for Agents, by considering the petitioner's representation.
2.The petitioner's husband Late N.Mahalingam was a LIC senior confirmed agent having served for more than 35 years for the development of Life Insurance Corporation of India. The petitioner's husband was a member of Group Insurance Scheme for confirmed tied agents of Life Insurance Corporation of India, and premium was deducted from the petitioner's husband's commission amount paid by the Life Insurance Corporation of India. Since the petitioner had canvassed several policies, he was made a member of the Chairman's Club and during March 2011, the petitioner's husband fell seriously ill resulting in various physical and mental health problems and he passed away on 10.06.2011 at the age of 60 years. The Doctors who have treated the petitioner's husband detected that the petitioner's husband was suffering from Parkinson's Plus Syndrome developed respiratory distress and cardio pulmonary arrest. The petitioner, all along, was attending to her husband and was even unaware that application has to be made for renewal of the petitioner's husband's license, which fell due for renewal on 04.05.2011. It is to be noted that within hardly one month of that date, the petitioner's husband died on 10.06.2011. After the demise of the petitioner's husband, the petitioner made a representation requesting for the benefits payable under the Group Insurance Scheme for LIC Agents. The said representation was not considered, as requested for by the petitioner, but the petitioner was informed that the scheme provides for death benefits only to the Confirmed Tied Agents on receipt of the non-refundable yearly premium whose agency has been in force, and since the petitioner's husband's agency was not in force after 05.05.2011, the coverage cannot be granted. Similar stand has been taken by the respondents in their counter affidavit. It is to be noted that the petitioner's husband was working as Agent for the Life Insurance Corporation of India for more than three decades. His work has been appreciated and that is the reason he was made a member of the Chairman's Club. It is common knowledge that an agent is made a member of the Chairman's Club only when he achieves the target in canvassing sufficient business for the respondent Corporation. Thus, the respondent Corporation benefitted out of the efforts put by the petitioner's husband. The petitioner would state that her husband was a veteran LIC Agent and she is greatly pained on account of the stand taken by the respondents in the communication as well as in the counter affidavit, ignoring the fact that the petitioner's husband suffered from acute health problem, viz. Parkinson's Plus Syndrome with respiratory distress culminating in Cardio Pulmonary Arrest, and he was bedridden and did not respond to medical treatment, and ultimately died on 10.06.2011. Admittedly, the agency license was in force till 04.05.2011, and had the petitioner's husband was alive, he would have applied for renewal within the time and even it could not have been done within the time, the respondent Corporation may not have rejected the renewal application if there was a marginal delay. Between the date of expiry of the agency license and the demise, it is hardly a period of about 35 days. Therefore, even assuming that there was delay and the petitioner's husband had been alive and he had filed application for renewal after 10.06.2011, had he been alive on the said date, the respondent Corporation may not have rejected the renewal, because it was filed with a delay of about 35 days.
3.It is brought to the notice of this Court by the learned counsel for the petitioner that a person affected by Parkinson's Plus Syndrome, suffers from forgetfulness, his locomotor movements are restricted and all activities slows down including walking as well as slurring in speech and such other complications. The respondent Corporation, being a Life Insurance Corporation, cannot be stated to be unaware of the problem faced by a person affected by Parkinson's Plus Syndrome. Therefore, this Court is of the view that a person who has served for the Corporation for nearly 35 years without any adverse report, since nothing has been stated to the said effect in the counter, the case requires to be dealt with, with more compassion than strict principles by mechanically following the relevant regulation. Therefore, the petitioner should not be left in the lurch having lost her husband who has served the respondent Corporation for 35 years. This Court is of the further view that the petitioner's claim petition should have been entertained as if it was a renewal application of the agency business which would have been automatically renewed, had the petitioner's husband was alive.
4.With these observations, a direction is issued to the first respondent to take a pragmatic decision in the matter bearing in mind the object of the Group Insurance Claim and not forgetting that the petitioner's husband had worked for the development of the Life Insurance Corporation of India for 35 years. With these observations, this Courts directs that the representation made by the petitioner shall be considered by the first respondent within a period of two weeks from the date of receipt of a copy of this order.
5.The writ petition is disposed of accordingly. No costs.
To
1.The Executive Director (Marketing) / Master Policy Holder for Confirmed Tied Agents, LIC of India, Central Office, 'YOGAKSHEMA', Jeevan Bima Marg, Nariman Point, Mumbai-400 021.
2.The Senior Branch Manager (P & GS) / Insurer / Servicing Office, LIC of India, Pension Group Insurance Section, 'Jeevan Prakash', Palam Station Road, Sellur, Madurai-625 002.
3.The Manager (Sales) / Master Policy Holder for the Club Agents, LIC of India, Divisional Office, Palam Station Road, Sellur, Madurai-625 002.
4.The Branch Manager / Nodal Officer, LIC of India, Career Agents Branch, Palam Station Road, Sellur, Madurai-625 002.