Order
The Sunita Devi. has filed her case of claim for Rs. 85,000/- arises from physical, mental harassment as well as death claim of her husband .
The case of complainant appears from his complaint petition dated 31-07-2009 filed on 01-08-2009 that the husband of complainant late Anil Kr. Mishra has taken postal life insurance policy dated 27-02-2004 in which he has made the complainant as nominee. The sum assured money Rs. 50,000/- only and the maturity date is 01-01-2028, the monthly installment was fixed Rs. 176/- and after taking first installment the policy was issued in the name of her husband on 09-06-2004 after that he was continuously depositing the monthly premium of his policy and policy was running till 30-12-2004 but unfortunately on 02-12-2004 her husband L.A all of sudden died due to heart attach policy was running as such the complainant inform the o.p by her letter dated 10-01-2005 regarding his death and submitted the claim with all relevant papers including the pass book bond and after receipt of claim petition the o.p. has never taken suitable steps for payment of claim only they have acknowledged the complainant that investigation is going on, latter on o.p no.4 by his letter dated 03-06-2009 rejected her claim on the ground of lapsed of policy, as such having no alternative she has filed this case before this forum of aforesaid claim.
The complainant has filed Xerox copy of several papers such as, premium receipt dated 27-02-2004, inquiry slip dated 09-06-2004 premium receipt dated 30-09-2004 , 30-10-2004 and 30-11-2004, death certificate dated 15-12-2004 mention the date of death of Anil Kr. Mishra is 02-12-2004, claim application dated 10-01-2005, letter of o.p dated 30-06-2009 mentioning that after adjustment of premium amount policy makes active up to Oct 2004 their after policy was lapsed.
The complainant has filed affidavit at Villagers and complainant herself in support of case of complainant, they are Vinod Singh, Bhola Pd. Singh, Munishwar Misra, Sunita Devi they have started the date of death and policy taken by the L.A.
In this case o.p no. postal department appeared and filed his w.s dated 07-11-2009 supported with an affidavit alleged there in that the admitting the policy sum assured amount and premium of Rs. 176/-. He has further alleged that the review slip was issued to the diseased on 09-096-2004 and her further accepted that the L.A has deposited next premium to the post office on 30-09-2006 but in mistaknely it was mentioned as August 2004 actually this premium was for July 2004 in fact he was aware of the premium deposited on 30-09-2004 for the month of July only and he was died on 02-12-2004 the premium receipt deposited on 30-10-2004 was to adjusted with the premium of September 2004, 30 days grace period was admissible for deposite of monthly premium that is up to 30-11-2004 only and their after policy was lapsed for one of premium for the month of November and has further submitted that no claim was to be allowed against the lapse policy. Accordingly the claim was rejected.
Considering the facts circumstances material available with the record and allegation of respective parties only the question arises for adjudication that whether the L.A has deposited his last installment covering the period grace or not it is only upon the complainant to prove. The complainant has filed several receipt of monthly deposite of installment, his last installment receipt is issued 30-11-2004 for Rs. 176/ hence burden to disprove the receipt is upon the o.p. O.P has not clearly saying the said fact of deposited of installment dated 30-11-2004 only he has mentioned that the L.A has deposited the premium of up to September 2004 and giving the grace period coverage period in up to Oct 2004 but the deposite of premium receipt for November is comes with grace period of December as issued, so there is no any otherwise fact appears before us regarding the deposited of installment of up premium on 30-11-2004 it means and presumed that the L.A has deposited his premium for November 2004. He was on 02-12-2004 which comes the grace period of one month up to December 2004 as such the death claim cannot be repudiated. O.P has wrongly calculated and repudiated the claim of complainant having no any reasonable ground.
Considering the deposited dated 30-11-2004 of monthly premium Rs. 176/- we are of the constrained view that is complainant is found able to prove her case with cogent and consistent material and she is entitle to get compensation as well as death claim from the o.p as such case is allowed.
Accordingly the o.p is directed to pay Rs. 50,000/- sum assured amount with interest @ 8 % p.a from the date of filing of this case. O.P are directed to pay Rs. 20000/- as physical, mental, harassment as well as litigation cost. Payment should be made within one month of the order, otherwise the complainant is entitled to get it recover from the process of law.
