Per Mr P N Kashalkar, Honle Presiding Judicial Member 1. This appeal has been filed by the original complainant, whose complaint No.548/2007 has been dismissed by the District Consumer Forum, Nagpur (for short orum by order dtd.01.03.2006. 2. The complainant had filed consumer complaint against the LIC and its authorized agent.According to the complainant, she is widow of Ravindra Salve, who had taken eevan Anandpolicy bearing No.974853102.The policy commenced on 15.03.2005 and last payment of premium was to be paid on 15.12.2025.In the said policy complainant was shown as a nominee by her husband Ravindra Salve. 3. According the complainant her husband died on 09.09.2006 due to cancer. She informed the same to the o.p.No.2 agent.He asked for original papers and premium receipts and she gave the same and lodged insurance claim. 4. On 20.03.2007 she received a letter from the LIC, repudiating her claim on the ground that the deceased died after paying the premium of one & half years only and for the death claim at least two full years premiums should have been paid. 5. Not being satisfied with the repudiation letter, the complainant filed consumer complaint, claiming the amount under the policy and cost & compensation. 6. O.p. filed written statement and admitted that the deceased Ravindra Salve had taken eevan Anandpolicy for the period from 15.03.2005 to 15.12.2025 and in the said policy the complainant was shown as a nominee of the said policy holder. 7. O.p. further pleaded in its written version that as per the condition No.4 of the policy, the policy holder should pay the premiums for two full years continuously in respect of death claim.Since the insured had not paid the premium for two full years continuously before his death, the death claim was not payable.O.p. also further pleaded that the premium was not paid by the deceased on stipulated time and therefore, the policy got lapsed.On this count also, the death claim was not payable. 8. Considering the affidavits and documents placed on record, the Forum below was pleased to dismiss the complaint on two grounds.Firstly, the complainant herself admitted in the complaint that her deceased husband had paid the premium of the policy regularly up to March 2006 but due to illness thereafter the premium of the policy was not paid regularly. The Forum below also agreed with the LIC that the repudiation of insurance claim was as per the policy condition, mentioned in the manual for Policy Servicing Department, wherein it has been stated that at least two full years premiums should have been paid under the policy, but in the instant case, the deceased had paid the premiums only for one & half year.Therefore, the Forum below held that the LIC had rightly repudiated the claim of the complainant. 9. We heard submissions of Adv. Mrs. S K Paunikar for appellant and Adv. Mrs. Suhasini Deshpande for respondent. 10. We find that the Forum below has rightly dismissed the complaint. Firstly because as per the policy condition and as per manual for Policy Servicing Department of the LIC applicable to the policy in question, two years premiums should have been paid by the insured then only the death claim was payable.In the instant case, appellant husband had paid premium only for one & half year and thereafter, he had not paid the premium.Non-payment of premium has been admitted in the complaint itself.Therefore, non-payment of premium itself was the fatal to the case of the appellant.Moreover, since the policy holder did not pay the premium after initial payment of premiums for one & half year, the policy got lapsed. As per the policy condition and manual of the LIC, applicable to the policy, the death claim was not payable.Hence, LIC had issued repudiation letter dtd.20.03.2007.We are, thus, finding that there is no merit in the appeal and it is liable to be dismissed. Hence, we pass the following order:- ORDER 1. Appeal stands dismissed. 2. No orders as to cost. 3. Copies of the order be supplied to the parties free of cost. Pronounced on 11.04.2011 | 
