No. 3/09.06.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Heard Miss Roychowdhury, the Ld. Advocate for the Appellant who files BNA and Mr. Barun Prasad, the Ld. Advocate for the Respondent.  It appears that the subject Policy was under “Twenty Five Years Anticipated Whole Life Policy” with profits (with accident benefit) as appears from the copy of the Policy issued by the LIC of India in respect of the present claimant.  The claim made during lifetime of the assured was rejected.  The claim made before the Forum and the impugned order was passed allowing the claim and directing the LIC of India to liquidate the assured sum of Rs.10,000/- along with statutory benefits as per provision of Insurance Co. to the Petitioner within one month from the date of the order.

Miss Roychowdhury in support of the appeal referred to the terms contained in the Policy itself and made special reference to the Clause wherein it is indicated that payment to be made on the life assured surviving for 5 years, 10 years, 15 years, 20 years and 25 years and 1/10^th of sum assured on each such survival date was to be paid.  The said Policy also shows on the life assured’s death payment is to be made of the sum assured together with bonuses.  Claim was made by assured himself and, therefore, contention of the Appellant is that during the lifetime of the assured such claim cannot be made in respect of the said Policy under the particular scheme as only periodical payments were provided if the life assured survived for specified period and sum assured was to be paid together with accrued bonuses only on death of the assured.

Mr. Prasad, the Ld. Advocate opposed the appeal but is unable to show any provision under which assured could make a claim under the said Policy during his lifetime.  We have noticed that in the impugned order the Insurance Act was referred to by the Forum but no particular provision was shown under which such claim could be made during the lifetime of the assured.  We are also unable to accept such finding of the Forum below in the absence of any particular provision which permits such payment on the claim of the assured during own lifetime.  In such circumstances we allow the appeal and the impugned judgement is set aside.  Complaint is dismissed.  But we make it clear that this will not make any hurdle for recovery under the Policy when the rights accrue in accordance with law.