PRABHABATI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, who is the widow of Jogesh Chandra Deka, an employee of Assam Khadi and Village Industries Board ('the Board'), by the present petition, is praying for a direction to the respondents, including the Life Insurance Corporation of India (in short, the Corporation), to satisfy the claim lodged by her on account of the death of her husband, against the group insurance cover scheme policy No.GSLI MP No.26223.

(2.) The petitioner's husband, who was the Registrar of the Board, died in harness on 4th March, 2001. While her husband was in service, a group insurance policy bearing No.GSLI MP No.26223 was taken by the Board, with its Chief Executive Officer as the master policyholder, from the respondent-Corporation insuring the lives of its employees, including the petitioner's husband. Under the scheme of such policy, the master policyholder is required to deposit lump sum premium after deducting proportionate amount from the members of the group. One of such premiums was payable in the month of February 2001. The master policyholder, however, initially had issued a cheque dated 5 March 2001 in favour of the respondent-Corporation towards the premium payable in the month of February 2001, but the same, on presentation, was dishonoured due to insufficient fund in the A/c of the Board and as such, the Board was accordingly informed by the Corporation. The Board, subsequently on 31st May, 2001, made payment of the premium amount payable, which was accepted by the Corporation by realizing the fine/interest. The entire policy thereafter stood revived on acceptance of such premium-payable in the month of February 2001. Before making such payment, unfortunately, on 31st May, 2001, petitioner's husband, who was a member of the group, died on 4th March, 2001. A claim application was thereafter filed on 10th April, 2001 in the respondent-Corporation claiming an amount of Rs.1,20,000 (Rupees one lakh and twenty thousand) only, which, according to the petitioner, was payable under the policy for the death of her husband. Since the claim application was not processed, an application was thereafter filed by the petitioner under the Right to Information Act, the reply of which was given by the Corporation on 27th October, 2009 intimating her that the policy was in lapsed condition at the time of the death of her husband as the premium was paid only on 31st May, 2001. It was also informed that the claim, however, has not been repudiated. It is also not in dispute that the amount deductible from the salary of the petitioner's husband was deducted by the employer namely the master policyholder and the payment of lumpsun premium was made to the respondent-Corporation, maybe with the delay of about 3 months.

(3.) Since the claim of the petitioner has not been settled by the respondent-Corporation, she has filed the present petition seeking the relief as aforesaid.