ANITA DEVI Vs. PERMANENT LOK ADALAT

JUDGEMENT

(1.) Challenge in the instant petition is to the order dtd. 20/1/2015 (Annexure P-1) passed by the Permanent Lok Adalat (Public Utility Services), Narnaul, whereby an application moved by the petitioners herein under sec. 22-C of the Legal Services Authority Act, 1987 for settlement of their claim with the respondent Life Insurance Corporation of India, has been dismissed. A Writ of Mandamus is prayed for directing the respondent-Corporation to pay a sum of Rs.10,69,500.00 towards settlement of the claim along with interest @ 18% per annum as also Rs.1.00 lakh towards mental harassment.

(2.) Brief facts as have been stated in the petition are that Hoshiar Singh, husband of petitioner no.1 and father of petitioners no.2 and 3 had taken a life insurance policy bearing no.176975347 on 13/7/2009 from the respondent-Corporation for a period of 21 years. The date of maturity of the policy was in July, 2030. Unfortunately Hoshiar Singh died on 13/4/2012 due to electrocution. It is asserted by the petitioners that the respondent- Corporation has only released a sum of Rs.2,50,000.00 towards ex-gratia even though, deceased husband of petitioner no.1 had been regularly depositing the premium amount towards insurance policy in question.

(3.) Counsel for the petitioners would argue that the Permanent Lok Adalat has erred in taking a view that since payment of premium which was due on 13/1/2012 had been deposited on 13/4/2012 i.e. three months after the due date, therefore, the policy had lapsed as on the date of death of Hoshiar Singh and the claim of the petitioners, as such, cannot be accepted. Further contended that the Permanent Lok Adalat has overlooked the provisions of the Manual for Policy Serving Department issued by the Life Insurance Corporation of India and wherein the claim of the petitioners was admissible.