27-04-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheets.

1.       Heard the parties on prayer for condoning the delay of about two months in filing this appeal.

2.       On being satisfied with the grounds, the delay is condoned.

3.       Mr. Rajiv Anand, learned counsel appearing for the complainant- appellant submitted that in view of the judgement of Hon’ble Supreme Court reported in 2005 (AIR) SCW 3636 Chairman LIC Vs Rajiv Kumar Bhaskar,

the LIC was responsible for non payment of premium and  lapse of policy No. 541364274 and therefore though the learned District Forum ordered to pay the full insured value but did not direct the LIC to pay the death claim benefits and accrued bonus and interest on account of delay in the payment by the LIC.

He further submitted that so far as Policy No. 541355255 is concerned, the learned District Forum should have ordered for payment of interest also. He lastly submitted that the learned District Forum should have awarded compensation and the cost for deficiency in service.

4.       On the other hand, learned counsel for the respondent supported the impugned order.

5.       It appears that in view of the judgement of Hon’ble Supreme Court holding that LIC was responsible if the employer failed to pay the premium and the policy lapsed, the LIC was directed by learned District Forum  to pay the balance amount of Rs. 20,000/- of the insured value of Policy No. 541364274.

6.       So far as policy no. 541353255 is concerned, the learned District Forum directed LIC to pay the insured amount after getting indemnity bond with admissible benefit.

7.       It appears that the complainant made claim with regard to the aforesaid two policies on 10.9.2003 but the complainant case was filed on 23.3.2009. LIC took the plea  of limitation but the learned District Forum rightly rejected such plea and directed the LIC to pay balance of amount of Rs. 20,000/- against policy no. 541364274 and directed the payment of insured value with accrued benefits against other policy no. 54355455 on furnishing indemnity bond  by the complainant with admissible interest.

8.       It appears that the learned District Forum has balanced the equities between the parties and exonerated LIC from payment of interest, compensation and cost.

9.       In our opinion, no grounds are made out for interference with the impugned order. Accordingly the appeal is dismissed. 

This matter was heard by the bench consisting of the President and the Member Mr. Ajit Kumar.  After the order was dictated with his consent, Mr. Ajit Kumar had to rush to Bombay for treatment of cancer.  He informed that he may not be available for about a month.  Therefore this order is being pronounced and signed by the President,  Keeping in view the judgement of Hon’ble Kerala High Court dated 25.02.2013, passed in W.P. (C) No.30939 of 2010 (N) - P.K. Jose - vs - M. Aby & Ors.

                   Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:- 27-04-2015