AMITABH VAISHNAV, S/O LATE KAMLESH VAISHNAV Vs. LIFE INSURANCE CORPORATION OF INDIA, THROUGH REGIONAL MANAGER

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 30/04/2008 passed by Third Additional District Judge, Bilaspur (CG) in Civil Suit No. 01-B/2008, wherein the said court dismissed the suit filed by the appellant/plaintiff for recovery of the amount of Life Insurance Policy with interest.

(2.) As per the appellant, his father namely Kamlesh Vaishnav and mother namely Smt. Anita Vaishnav have taken Life Insurance Policy (Jeevan Sathi Plan) from the respondents vide Policy No. 380648665 on 28/08/1994. The premium of the insurance policy was paid in time. Mother of the appellant namely Smt. Anita Vaishnav died on 09/12/1994. The claim of the appellant/plaintiff has been repudiated by the respondents that is why he filed a complaint before District Consumer Redressal Forum, Bilaspur vide Case No. 261/1999, but the same has been dismissed on 07/04/2000 and appeal was also dismissed by Chhattisgarh State Consumer Dispute Redressal Commission, Raipur. After dismissal of the appeal from State Commission, the appellant filed a civil suit for recovery of the insured sum of the policy and also for damages, but the trial Court dismissed the suit.

(3.) Learned counsel for the appellant submits as under:-