RAJIV KUMAR BHASKAR Vs. CHAIRMAN LIFE INSURANCE

JUDGEMENT

(1.) IN this writ petition, prayer of the petitioner is to direct the Respondents to pay him the death claim of his father, who died on 9. -7 -1996 white working as Lecturer, Geography Department, Ram Lakhan Singh Yadav College, Aurangabad with interest and cost.

(2.) THE case of the petitioner, in brief, is that his father late Upendra Sharma was posted as Lecturer, Geography Department, Ram Lakhan Singh Yadav College, Aurangabad and in the year 1992 he insured his life under the Salary Saving Scheme for Rs. one lac for which required monthly premium was deducted from the salary of the petitioners father every month by the said Ram Lakhan Singh Yadav College, Aurangabad and that was deposited with the Aurangabad Branch of the Life Insurance Corporation. Father of the petitioner died of massive heart attack on 9 -7 -1996, thereafter the petitioner put -forth the death claim of his father and submitted the required papers in Aurangabad Branch office of the Corporation on 10 -9 -1996. Although the premium were to be deducted from the salary of the deceased the petitioner on 5 -11 -1996 deposited the so called arrear premium amounting to Rs. 6040.00 through the College for the period December, 1995 to July, 1996 for which a receipt (Annexure -7/1) was granted by the Patna Division of the Corporation. Petitioner also sent legal notice on 26 -4 -1998 to the respondents followed by letter dated 24 -1 -2001. Thereafter the Additional Executive Director (Marketing) of the Corporation (respondent No. 2) vide his letter dated 2nd February, 2000 (Annexure -11) assured the petitioner that the matter has been taken up with Aurangabad Divisional Office. However, the death claim of his father has not been settled as yet and, therefore, the petitioner has filed the present writ application.

(3.) A counter affidavit has been filed on behalf of the Respondents 1. to 4, in which it is stated that it is the responsibility of the employer of the life assured to deduct the premium amount every month from the salary of the life assured and to remit the same to the Corporation and it was also duty of the life assured to ensure payment of premium under the policy. It is stated in the counter affidavit that the premium under the policy was paid up to November, 1995 and the premium for the period December, 1995 to July, 1996 were deposited on 6 -11 -1996 by the petitioner when his father died on 9 -7 -1996 itself. Thus, the policy in question was lying in lapsed condition on the date of death of the life assured, and acquired a paid up the value of Rs. 31,800.00 which they have decided to pay with interest @ 9% per annum and refund the deposit of Rs. 6040 made after the death of the life assured on execution of discharge voucher issued on 19 -7 -2001.