STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Appeal No. 151 of 2017

Life Insurance Corporation of India through Manager (L & HPF) L.I.C.I, Division office No. 2, Jeevan Ganga Building, Frazer Road, Patna

                                                                                                                                                        …. Appellant

Versus

Smt. Shanti Narayan, W/o- Late Vijendra Kumar, Resident of Village & PO- Naubatpur, District- Patna

                                                                                                                                                 …. Respondent

Counsel for the appellant: Adv. Raj Dular Sah

Counsel for the respondent: Adv. Pritam Kumar

Before,

                    Hon’ble Mr. Justice Sanjay Kumar, President

        Mr. Ram Prawesh Das, Member

Dated: 30.01.2023

Per:  Hon’ble Mr. Justice Sanjay Kumar, President.

O r d e r

Present appeal has been filed on behalf of appellant-life insurance company of India for setting aside the judgment and order dated 25.02.2017 passed by the Ld. District Consumer Forum, Patna in Complaint Case no. 160 of 2010 whereby and whereunder Ld. District Consumer Forum has allowed the complaint case and directed the appellant to pay the sum assured amount of Rs. 1,00,000/-  in policy no. 513015764 within two months from the date of receipt of certified copy/copy of the order failing which interest @10% per annum shall become payable. Further, Rs. 25,000/- is to be paid as compensation and cost of litigation.

          Briefly stated the facts of the case is that the husband of the complainant namely Vijendra Kumar had taken all together three policies. Policy no. (i)- 514448611 sum assured Rs. 2,00,000/- (ii) Policy no. 513015766 sum assured Rs. 1 lac and Policy no. 513015764 which are marriage endowment policy paid on maturity of amount irrespective of death/murder of insured

          Insured Vijendra Kumar was killed by the criminals for which FIR was lodged by sub-inspector of police at Naubatpur Police station on 18.07.2006 under various sections of IPC and Arms Act. including 302 of IPC.

          Complainant filed her claim case for payment of sum assured amount and the appellant insurance company paid sum assured of Rs. 2,00,000/- on 31.03.2008 to the complainant. However, as far as remaining two policies are concerned, for non payment of which, claimant filed complaint case before the District Consumer Forum, Patna for payment of sum assured of Rs. 1 lac each in both the policies.

          Appellant appeared and filed its written statement stating therein that in the two policies all the benefits are payable at the time of maturity of policies i.e July, 2021 & July, 2023 even in case of death/murder of life assured.

          Complaint petition filed before the District Consumer Forum, Patna is enclosed as annexure-1 in which the claimant had admitted that Rs. 2,00,000/- sum assured in policy no. 514448611 was paid on 31.03.2008 and there is delay of about two years in payment of claim.

          In case of remaining two policies i.e policy no. 513015766 & policy no. 513015764 are marriage endowment policy and becomes payable only after policy gets matured and in present case date of maturity is July, 2021 and July, 2023 and accordingly, payment with respect to policy maturing in July, 2021 has been made however, for policy maturing in July, 2023 payment will be made accordingly.

          Factual aspect are not disputed. Claimant has admitted receipt of payment of Rs. 2,00,000/- with respect to policy no. 514448611 on 31.03.2008 and there is delay of about two years in making payment of sum assured amount of Rs. 2,00,000/-. The LIC has stated in its affidavit that the double accidental benefit will be considered by the appellant corporation after final verdict of trial court in connection with Naubatpur, PS case no. 87 of 2006 instituted under section 324, 307, 302 read with section 34 of IPC and 27 of Arms Act. It is expected that appellant insurance company will act as per their undertaking given to this commission.

          As far as payment of sum assured amount of Rs. 1,00,000/- with respect to policy no. 513015764 is concerned same shall become payable on the maturity of the policy i.e July, 2023.

          Although, there is delay in payment of sum assured amount of Rs. 2,00,000/-but same appears to be not deliberate and intentional but due to special and peculiar facts & circumstances of the case, as such cost of Rs. 25,000/- is reduced as Rs. 5,000/-. As policy no. 513015764 will mature in July, 2023 no interest is liable for payment.

          Subject to the above modification in the order dated 25.02.2017 passed by Ld. District Consumer Forum, Patna in Complaint Case no. 160 of 2010, the appeal is dismissed.

(Ram Prawesh Das)                                                                          (Sanjay Kumar,J)

       Member                                                                                             President

Md. Fariduzzama