MASTER DILKHUSH R/O NIMBODA BHOPA PHALA Vs. SR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against order dated 28.2.08 passed by the District Forum, Udaipur in complaint no. 31/06 by which the complaint of the complainant appellant was dismissed.

(2.) IT arises in the following circumstances -

(3.) IN this appeal, the main contention of the learned counsel for the appellant complainant is that no doubt the premium of the policy in question of the deceased was deposited on 26.5.05 but before that if the premium had become due in the month of January 2005, it was the duty of the respondent LIC to have informed the deceased in her life time that the premium was not paid by her and therefore, after placing reliance on a judgment of the Hon'ble Supreme Court in the case of Chairman, Life Insurance Corporation Vs. Rajkumar Bhaskar, 2005 AIR(SC) 3087, the learned counsel has further argued that since no information was given by the LIC to the deceased in his life time, the ratio of law laid down in the case of Chairman Life Insurance Corporation Vs. Rajkumar Bhaskar , the policy should have not been treated as lapsed one and hence, repudiation of claim of the complainant appellant by the respondents was wholly illegal and arbitrary and in view of this the findings of the District Forum dismissing the complaint of the complainant appellant could not be sustained as they suffer from basic infirmity, illegality and perversity and it was prayed that appeal be allowed.