02-02-2015 - Heard, learned counsel for the appellant- Postal Department on the prayer for condoning the delay of about 100 days in filing this appeal and on merits.

 Regarding the delay it was submitted that due to internal procedure the delay occurred. But it has not been satisfactorily explained.

2.       On merit, it was submitted that the insured did not pay any premium against the Life Insurance Policy and therefore the claim of the complainant was forfeited.

3.       The case of the Complainant Smt. Babita Devi, wife of the deceased insured late Binod Kumar Singh interalia was that her husband filed a proposal form for Rural Postal Life Insurance Policy under “Gram Santosh Scheme” for a sum of Rs. 25,000/- for 35 years on 10.10.2009. The insured had tried his best to procure the premium receipt book from the competent authority but it was not supplied due to which he could not deposit the monthly premium. On 23.6.2010 he was shot dead by extremists, thereafter the complainant approached the Post office authorities for payment of Insurance Claim but it was repudiated by letter dated 19.5.2011.

4.       The case of the postal department in short was that the proposal was accepted on 11.12.2009 but the premium remained unpaid from January to June 2010. It was further said that due to some technical flow in computer, the letter of acceptance could not be generated. It could be generated only on 23.6.2010 and it was sent to the insured but no premium was deposited and therefore the claim was rightly repudiated.

5.       The learned court below interalia held as follows,

           “Annexure -4 also goes to show that DDM. Rural Postal Life Insurance, Ranchi Region has accepted the proposal on 23.6.2010 i.e. the date on which complainant’s husband Binod Singh was shot dead by the extremist. The said letter was dispatched on 23.6.2010 to late Binod Singh along with Premium Receipt Book and Policy payer. The bottom portion of the said letter runs as under –“The RPLI Policy document and premium receipt book are annexed herewith. In case, the policy bond is not received by you within a period of one month from the date of acceptance of the proposal you are requested to intimate the facts to the understand. Meaning thereby by Premium Receipt Book was dispatched to late Binod Singh on the date of his death, and during his life time he had not received the Premium Receipt Book.”  

6.       The learned Lower Forum did not allow the claim of the complainant for accidental benefit but allowed the claim to the extent of the sum assured and directed the Postal Department to pay Rs. 25,000/- to the complainant along with Rs. 7000/- as compensation  toward mental torture and agony and Rs. 2000/-  against litigation cost i.e. total Rs. 34,000/- within a period of 2 months from the date of the judgement, failing which interest @ 9% per annum from the date of expiry of the period of two months, till the date of actual payment was also to be paid by the Postal Department.

7.       Learned Counsel for the Postal Department referred to Annexure-3 which is an enter departmental letter to show that the Branch Post Master , Mayapur , Itkhori was informed that due to technical fault in the computer, the acceptance form could not be generated and therefore the premium of the insured could be received under PLI -2. Firstly it is not known on which date such letter was issued and secondly there is nothing to show that the insured was informed during his life time to deposit the premium in such manner, in the absence of the letter of acceptance and the premium receipt book. The postal department has taken a pendantie view in this case. The undisputable position is that the insured could not pay the premium during his life time, due to non-receipt of the letter of acceptance and the Premium Receipt Book, which were sent to him on 23.6.2010, on which day co incidentally he was shot dead by the extremists.

8.       After hearing learned counsel for the Postal Department at length and considering the materials placed before us, we find that even if the delay of about 100 days in filing this appeal is condoned, no grounds are made out for interference with the impugned judgement. Accordingly this appeal is dismissed.

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

                    Ranchi,

                   Dated:-02-02-2015