PRANATI DASH Vs. CHAIRMAN CUM MANAGING

JUDGEMENT

(1.) PETITIONER , widow of one Ashwinee Kumar Dash, makes allegation of redtapism and apathy by the Life Insurance Corporation of India (in short 'LIC') and Oil and Natural Gas Corporation Limited (in short 'ONGC'). Denial by the LIC to make payment in respect of policies bearing No. 87072477 and 870373535 obtained by late Ashwinee under the Salary Savings Scheme (in short, the 'Scheme') is the bone of dispute. According to petitioner, both LIC and ONGC are trying to avoid their liability on tenable premises.

(2.) A few facts need to be noted before going into the disputed aspects.

(3.) LEARNED counsel for ONGC submitted that late Ashwinee should have deposited the instalments in advance before his transfer or arranged to pay the premium at Sibasagar of his own, and by doing so delay in transfer of policy could have been avoided. This stand is clearly untenable in view of clear stipulation in the Scheme that payment of premium is required to be done on monthly basis by deduction from the salary of the employee, and as such question of making advance deposit of premium does not arise. Further, plea of ONGC that it has no liability to pay is not acceptable. In Annexure - 8 addressed to the Manager, LIC of India, Vadodara Branch - 3, it has been clearly stated by the Deputy General Manager (per) as follows: