POST MASTER GENERAL Vs. SIDDABHATHUNI VENKATA MADHAVI

JUDGEMENT

(1.) THIS is an appeal preferred by the postal authorities when they were directed to pay the amount covered under the postal life insurance policy with interest @ 9% p.a., together with compensation and costs.

(2.) THE case of the complainant in brief is that complainant No. 1 is the mother and complainant No. 2 is the sister of deceased S. Sai Bhaskar Pavan Kumar. During his lifetime he obtained Rural Postal Life Insurance Policy for Rs. 1 lakh. He paid premium of Rs. 821 at Branch Post Office, Sanjeevaraopet, Giddalur mandal of Prakasham District. They were shown as nominees in the policy. The Post Master sent the proposal on 6.3.2004 to R3 and the same was accepted on 31.3.2004 however communicated by registered post on 7. 7. 2004. After his death on 26.4.2004 they requested to settle the claim, however, the postal authorities did not pay the amount as such they filed the complaint claiming the amount covered under the policy together with Rs. 10,000 towards compensation, Rs. 20,000 towards mental agony and Rs. 5,000 towards costs.

(3.) R 3 filed counter adopted by R1 and R2 denying the averments mentioned in the complaint, However, it has admitted that the proposal form was sent by the Branch Post Master on 6.3.2004 and the same was accepted on 31.3.2004. They communicated it by letter dated 7.7.2004 and the same was returned with endorsement -addressee died'. The claim was repudiated in view of the instructions issued by the Circle Office dated 10.9.1997, which reads as follows: -If the insured expires before receiving the acceptance memo the liability of the Department of Posts for honouring the insurance contract does not exist and the advance premium collected at the time of accepting the proposal should be refunded and the matter closed. -