Per :- Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
Adv. Rhishikesh R. Ganu is present on behalf of the Appellants. He files his ‘Vakalatnama’. It is taken on the record. He also files address pursis to inform the current address of the Appellants. It is also taken on the record. He also filed some documents with list alongwith an application which were on the file of the District Forum filed by the Respondent. Documents are taken on the record.
[2] Heard Adv. Rhishikesh Ganu on behalf of the Appellants.
[3] This is an appeal filed by the original Complainants whose consumer complaint was dismissed by the District Consumer Disputes Redressal Forum, Pune by its judgment and order dated 30/11/2011 passed in Consumer Complaint No.43 of 2009. The facts lie in a narrow compass. The son of the Complainants was to go to United Stated of America for pilot training. The son of the Complainants had taken an insurance policy from the Respondent/original Opponent. However, before he could go to United States of America, on 19/12/2007, he died in an accident. The son of the Complainant had filled-in proposal form and had paid premium amount of `13,035/-. On 2/11/2007, the Opponent, namely – Life Insurance Corporation of India; had issued a receipt about the said premium. Since the son of the Complainants died in an accident, the Complainants preferred a claim with the Life Insurance Corporation of India. Life Insurance Corporation of India repudiated the claim and, therefore, the Complainants lodged a consumer complaint claiming compensation of `10,00,000/-, refund of an amount of `13,035/- together with interest thereon and also claimed an amount of `25,000/- towards mental harassment and `5,000/- towards costs. Life Insurance Corporation of India filed its written version to contest the complaint. According to Life Insurance Corporation of India, the contract of insurance was not concluded between the parties. The proposal submitted by the son of the Complainants was not accepted nor it had issued the insurance policy in favour of son of the Complainants. So, before the proposal was accepted by the Life Insurance Corporation of India, the son of the Complainants expired in an accident and thus, there was no concluded contract of insurance between the parties. The Life Insurance Corporation of India pleaded that it is not liable to pay the death claim. The Forum below relying upon the decision of the Hon’ble Supreme Court in Life Insurance Corporation of India Vs. Raja Vasireddy Komalavalli Kamba and Other ~ AIR-1984-Supreme Court-1014; held that mere submission of proposal form and deposit of premium amount would not constitute a contract between the parties. For compliance of certain things, the Life Insurance Corporation of India had sent a letter dated 26/12/2007 at the address of Mr. Manish Vijay Lodham but, before he could send a reply, he had expired in an accident and, therefore, there was no concluded contract. The Forum below, therefore, rightly dismissed the consumer complaint and we find that the present appeal filed by the Appellants/original Complainants is devoid of any substance. Unless there is a concluded contract of insurance between the insured and the insurer company, no claim is payable on account of death of the insured simply on the basis of proposal form submitted and deposit of insurance premium. The order passed by the Forum below, dismissing the complaint, in the circumstances, is appearing to be just and proper. It is sustainable in law. We find no substance in the appeal preferred by the original Complainants.
Hence, we pass the following order:-
ORDER
Appeal is summarily rejected.
No order as to costs.
Pronounced and dictated on 05th January, 2012
kvs
