CHAMELI KHATUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Kanti Kumar Ojha for the petitioner, Mr. Umesh Prasad Singh, Sr. Advocate, for respondent Life Insurance Corporation, and Mr. Vikash Jain, GP IV, for the respondent District Board, Sahebganj.

(2.) A hapless widow is the petitioner before this Court for an appropriate direction to the respondents regarding payment of Group Insurance payable to her after the death of her husband. The petitioner 'slate husband Abul Kalam, was a class IV employee of respondent no. 5 (the District Board, Sahebganj), died in harness on 8.11.94, on which date the insured sum became payable. The maximum amount payable was a sum of Rs.50,000/ -. After the death of her husband, the petitioner made efforts with the respondents for payment of the insured sum. She could receive Rs.2235.62p. only from respondent no.4 (the Life Insurance Corporation), (LIC, in short) which expressed inability to pay the balance of the insured sum for the reason that the premiums were paid belatedly.

(3.) MR .Vikash Jain, learned counsel appearing for the respondent District Board, submits that it is manifest from the pleadings that the Insurance Company had accepted the premiums, never disowned the premiums sent on 28.1.95, which was really meant for the payment towards the instalment which had fallen due on 20.10.94. He further invites my attention to the aforesaid last two payments, both made on 24.4.95, which were meant for the instalments which had fallen due on 20.11.94 and 20.12.94. Having accepted the premiums, in his submission it is no longer open to the LIC to turn round and disown the premiums so accepted. Learned counsel further submits that respondent no.5 is a good deal dependent on the State Govt. for funds. Respondent no.5 has received the grants belatedly from the State Government, hence the delay in payment of the premiums. He further invites my attention to the following clause of the insurance scheme which is set out in paragraph 4 of the supplementary affidavit of respondent no.2 and 5 : -