MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL) Late Smt. Usha Jain, mother of the complainant obtained an insurance policy from the respondent Bajaj Allianz General Insurance Company Limited. The first premium to the insurer was paid by her husband by withdrawing a sum of Rs.2,500/- from an account which he had with Central Bank of India and depositing the same by way of a deposit slip. Thereafter, the premium was not paid as a result of which the policy lapsed. The insured having died, a claim in terms of the policy was lodged by the complainant with the insurer. The claim was rejected on the ground that the policy had lapsed before the death of the insured and only a sum of Rs.1,869/- was paid to the complainant he being her nominee. 2. Being aggrieved from the stand taken by the insurer, the complainant approached the concerned District Forum by way of a consumer complaint impleading the insurer as well as the bank as parties to the complaint. 3. The complaints were resisted by both the parties. The insurer claimed that since they had not received any payment after the first premium, the policy has lapsed. The bank claimed that the deceased insured did not have any account with them and they did not have any standing instructions from her husband to remit the installments of premium from his account to the insurer. 4. The District Forum having ruled in favour of the complainant, the insurer approached the concerned State Commission by way of an appeal. Vide impugned order dated 16.09.2016, the State Commission allowed the appeal filed by the insurer. 5. It is not in dispute that no further installment after the first installment was paid to the insurer. Therefore, the policy having lapsed, the insurer cannot be held responsible for not paying the claim alleged by the complainant. 6. The learned counsel for the complainant/petitioner submits that it was for the bank to deduct the premium installments from the account of the husband of the insured and remit the same to the insurer as was done for the purpose of payment of the first installment. He has relied upon an authorization given by the insured to Central Bank of India, to debit from her account an amount of Rs.2,500/- towards payment of premium. Admittedly, the aforesaid account bearing no.2022715034 with Central Bank of India was held by the husband of the insured and not by the insured herself. Therefore, she had no legal authority to authorize the bank to debit a sum of Rs.2,500/- and pay the same as installment to the insurer. Such a direction could have been given only by her husband and if given, ought to have been accepted by the bank. As far as payment of first installment is concerned, it is clarified in the reply filed by the bank that the amount of the premium was withdrawn by the husband of the insured by way of a withdrawal slip. In the absence of any standing instructions from her husband to remit other installments of premium from his account, the insurer could not have debited the insurance premium to the account of the husband of the insured and could not have paid the same to the insurer. 7. For the reasons stated hereinabove, the revision petition is accordingly dismissed with no order as to costs. | 
