SWATI CHAKRABORTY Vs. LIC OF INDIA

JUDGEMENT

(1.) The reasons for delay in disposal of this appeal can be seen from the order sheet.

(2.) IN short, the case of the complainant/appellant/Swati Chakraborty is that she is the widow and nominee of late Guru Saday Chakraborty who had taken Life Insurance Policy No. 540441970 for a sum of Rs. 1,00,000 w.e.f. 5.5.2000 under table 133 (Triple Risk cover endowment) for a period of fifteen years. Guru Saday Chakraborty died after four years during treatment at Chennai on 26.8.2004. Accordingly, she lodged claim with relevant documents with opposite party/respondent/Life Insurance Company (LIC for short) on 23.12.2004. But the claim was repudiated by order dated 10.7.2006 on the ground that the statements regarding the health of the deceased were incorrect. As such complaint was lodged on 15.1.2007 before the District Forum for the policy money, compensation and cost of litigation. The District Forum after hearing the parties by order dated 13.2.2008, directed LIC to pay Rs. 1,00,000 with compensation of Rs. 5,000 and cost of Rs. 1,000 only Swati Chakraborty preferred appeal before this Forum being First Appeal 84 of 2008. LIC also filed an appeal against the same order of District Forum being First Appeal 87 of 2008. Both the appeals were heard together and were disposed of by common judgment dated 10.2.2011, setting aside the said order dated 13.2.2008 and remanding back the matter to consider the issue of "suppression of illness" afresh after giving proper opportunity to both sides for adducing evidence. Accordingly, the District Forum heard the parties and by order dated 24.8.2011 decided that there was no "suppression of illness" by the deceased. Mr. S.K. Roy, learned Counsel for Swati Chakraborty submitted that the learned District Forum wrongly observed that the policy was for Rs. 1,00,000 and in the earlier judgment also wrong order was passed directing LIC to make payment of policy amount of Rs. 1,00,000 with compensation of Rs. 5,000 and litigation cost of Rs. 1,000, whereas, since the very beginning, the claim of Swati Chakraborty is that the policy was under Table 133 under which, on death, three times of sum assured plus bonus was to be given but this aspect has been overlooked by the learned District Forum while passing the order dated 13.2.2008 and again on 24.8.2011. Therefore he submitted that the order in appeal be clarified/modified to the extent that Swati Chakraborty is entitled to Rs. 3,00,000 plus bonus, etc. from LIC and direction in that regard be issued to LIC.