Mafatlal T Padhiyar vs Lic Of India on 31 March, 2023
That Life Insurance Corporation has place
reliance upon the decision of the Hon'ble National Commission
reported (2013) CPJ 83 in the case of LIC Vs. Anil Jain as well as
decision of Hon'ble National Commission of Revision Petition No.
3833/2011 in the case of Virupaxappa I. Vs. The Senior Branch
Manager, LIC of India that in both the judgments the Hon'ble National
Commission has place reliance upon the decision of the Hon'ble Apex
Court in the case of H.P State Forest Company Ltd. Vs. M/s United
India Insurance Co. Ltd. Civil appeal No. 6347/2000 wherein the
Hon'ble Apex Court held that on the basis of Typographical Mistake
which has been rectified on the records of the company before the
occurrence insured cannot get benefit of typographical mistake in that
case insured took insurance cover for the period of 8 months where as
by typographical mistake 1 year was mentioned in the Insurance Policy
and insured was not entitled for compensation on account of loss
caused after 8 month but within 12 month of insurance policy on the
basis of typographical mistake of the insurance cover. So, as per the
decision of the Hon'ble Apex Court as well as Hon'ble National
K.Navlakha A/17/688 Page 9 of 11
Commission typographical Mistake can be rectified on the records of
the corporation before the occurrence herein this case also the Policy
in question expire as on 07.03.2016 and prior to that as on
02.09.2015 LIC written a Letter to the complainant that LIC notice that
in the policy document issue to the complainant there has been
inadvertent typographical error in the Maturity sum assured which has
been shown Rs. 2,50,000/- and as per the plan conditions the correct
maturity sum assured is Rs. 30,590/- so, as per my considered view
the opponent Insurance Corporation has rightly reduced the amount of
maturity sum assured shown in the Policy from 2,50,000/- to 30,590/-
and the Ld. Forum, has also considered the same facts in the
impugned judgment and order and accordingly the Ld. Consumer
Disputes Redressal Forum, directed the opponent Life Insurance
Corporation of India to pay Rs. 37,387/- to the complainant and
additional amount of loyalty and therefore, according to my considered
view the impugned judgment and order passed by the Ld. Consumer
Disputes Redressal Forum, Banaskantha at Palanpur, in Consumer
Complaint No. 201/2016 is just and proper and the finding recorded
by the Ld. Forum, are based on record and settled principal of law and
therefore, the same also requires to be confirmed in this appeal and
accordingly the appeal filed by the appellant/original complainant is
meritless which requires to be dismissed in terms of the following final
order.