NCDRC

NCDRC

RP/2469/2009

MEERA DEVI - Complainant(s)

Versus

LIC OF INDIA LTD. - Opp.Party(s)

MR. JITENDRA MITRUCKA

16 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2469 OF 2009
(Against the Order dated 18/02/2009 in Appeal No. 560/2006 of the State Commission Rajasthan)
1. MEERA DEVIW/o Shri Madan Mohan Gupta, R/o Dinesh Tent House, Sabji Mandi,KarauliRAJASTHAN ...........Petitioner(s)
Versus
1. LIC OF INDIA LTD.Branch Manager, Kachhari Road, Gangapur City, Swaimadhopur,RAJASTHAN ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 16 Mar 2010
ORDER

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Delay of 56  days  in filing the revision petition is condoned. 

Petitioner/complainant’s son Narendra Kumar took accidental benefit policy for a sum of Rs.50,000/-  when he was minor i.e. 16 years old.  Narendra Kumar died in accident due to drowning in a river.  Petitioner being the nominee lodged a claim.  The respondent settled the entire claim except that it did not give the accidental benefit.  According to the respondent as per policy if a minor takes the policy and becomes major, the accidental benefit cannot be accorded suo moto and  that the insured has to apply for the same and pay extra premium ; that in the present case, Narendra Kumar after attaining majority did not apply for taking the accidental benefit after paying the extra premium. That the petitioner was not entitled for the same.  Aggrieved by this, petitioner filed a complaint before the District Forum.

District Forum dismissed the complaint holding that the insured had not applied for accidental policy after attaining majority and had also not paid the additional premium ; that he was not entitled to accidental benefit. 

Petitioner filed an appeal before the State Commission which has been dismissed by the impugned order. 

It is not in dispute before us that after attaining majority, policy holder/insured did not apply for accidental benefit as well as pay extra premium.    We agree with the view taken by the State Commission that the petitioner was not entitled to the accidental benefit as the insured did not apply for the same after attaining majority as per policy requirement.   Dismissed.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER