Order No. 13  Dt. 18.02.2016

          The fact of the case in short is that the husband of the petitioner viz Late Jiban Krishna Pal was an agent of LIC and his License Number was 0371236810. The LIC issued the said license after giving him a training as per the rules and also allotted code number 04740/457 which was valid from 21.04.2012 to 01.06.2015.

          As per the Regulation 3 of the Insurance Regulatory and Development Authority “Licensing an Insurance Agent” Regulation 2000 followed by the husband of the petitioner. The said agent deposited Rs.1500/- every year till his death to the Insurance Company. Her husband died on 26.06.2014 at the age of 67.  Jiban Krishna contributed the stipulated amount of Rs. 1500/- for the said premium. The petitioner sent all the papers to the Insurance Company claiming the benefit but in vain so he filed this case before this Forum claiming compensation of Rs.100000/-.    

          The Insurance Company filed W.S. denying the allegation as made by the petitioner. They admits the husband of the petitioner was an agent of LIC and allotted a license at the Code No. The date of birth of the said agent was 12.01.1948 and as per the official record he was a confirmed agent. The Life Insurance Corporation of India introduced a Group Insurance Scheme for his confirmed agent who are not more than 65 years of age and with effect from 01.09.2007.  The said Jiban Krishna Das completed 65 years of age on 11.01.2013 and he is not entitled to get any benefit under the Scheme because of the fact the terminal date has been completed when the agent was alive. The Jiban Krishna Pal received the gratuity of Rs.16318/- as per the rules of the corporation during his life time. The terminal benefit is already disbursed The death of Jivan Krishna virtually took place when he completed 65 years age. The amount which was deducted after the death from his commission is sent by the Insurance Company through cheque. They further stated that the suit is not maintainable.

          Heard Ld.Advocate for the petitioner and Ld.Advocate for the O.P. Both the Ld.Advocate admits that this is a pure question of Law and it is admitted fact that the petitioner’s husband is a confirmed agent of LIC and he has a valid license and he has a code number. 04740/427 of Malda Office and he was a confirmed agent under the insurance agent under the Part –II of Insurance Act, 1938 till his death. 

          It is also admitted that the date of birth of the petitioner’s husband was 12.01.1948 and he completed 65 years of age on 11.01.2013 and at that time Jivan Krishna was alive. As per the Group Insurance Scheme for confirmed tied agents for the corporation “who have completed one year from the date of appointment and who are aged less than 65 years”. It was introduced for the benefit of the regular agent and this agent came within the purview of the act and he was aware of this fact and that is why he withdrawn the amount during his lifetime and that’s why they said Jiban Krishna Paul the deceased husband of petitioner received the gratuity of Rs.16318/- on 09-10-2013. More over the Hereditary Commission as per rules of the corporation had been released in favour of the Kalpana Paul wife of the Jiban Kirshna Paul.

          Ld. Advocate for the petitioner tried to draw our attention by saying that this is within the contract act.

          Ld. Advocate for the O.P. filed the regulation and the act after supplying the copy of the same.

          From the said regulation we are getting as  “Group Insurance Scheme for confirmed tied Agents of the Corporation”.

           It has been decided to introduce a Group insurance Scheme for confirmed Tied Agents of the Corporation w.e.f 1^st September, 2007.The details of the same re as under.

1. General

1. Date of Commencement: The date of commencement of the Scheme is 01.09.2007.
2. Purpose of the Scheme: The purpose of the Scheme is to offer insurance to all the confirmed tied agents of the corporation, who have completed one year from the date of appointment.
3. Confirmed Agents: Agents confirmed and completed one year from the date of appointment.

4. Eligibility : “All the confirmed tied Agents who have completed one year from the date of appointment and who are aged less than 65 years. For details refer scheme rules.”

          Considering all these aspects and after going through the language of the scheme we are of the opinion that there is no deficiency in service of LIC and the husband of the petitioner is not entitled to get any benefit as the husband of the petitioner died after completion of 65 years of age.   

In the result, the claim case fails.

Proper fee paid.                                              

Hence,                              ordered

that the D.F.C Case No. 33/2015 be and the same is hereby dismissed on contest without any order as to cost. 

A copy of this order be supplied to each of the parties free of cost.