LIC Vs. KAMLESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants LIC against order dated 3.7.2001 passed by the District Forum, Kota in complaint No.41/98 by Which the complaint of respondent No. 1 was allowed against the appellants in the manner that the appellants were directed to make payment in respect of seven policies of the deceased Dwarka Lal along with interest @ 12% p.a from the date of filing of the complaint and since the premium in question were not sent by respondent No. 2, the employer to the appellants in time, therefore, a sum of Rs. 5000 was ordered to be paid by respondent No. 2 as amount of compensation to the complainant respondent No. 1.

(2.) IT arises in the following circumstances:

(3.) IN this appeal the main contention of the learned Counsel for the appellants is that since the premium was not deducted in time by the employer respondent No. 2 and since on the date of death the policies were lapsed one, therefore, appellants were not liable to make payment of the above policies and further if LIC is held liable simultaneously the employer must be held liable and thus the findings of the District Forum to that extent are liable to be quashed and appeal be allowed.