INSURANCE CORPORATION Vs. RAJENDRA MAHESHWARI

JUDGEMENT

(1.) Life Insurance Corporation of India (L. I. C.) and one another have come up in appeal against the order dated 6.8.1997 passed in Case No.28/98 by the District Consumer Disputes Redressal Forum, Dewas (for short the 'district Forum' ).

(2.) The facts giving rise to this appeal are thus, the respondent gave a proposal dated 30.3.1995 for taking a Money Back Children's Assurance (without profits), which was accepted by the L. I. C. and a Policy No.340202966 of table and terms 113-23 (15) xxx/03 for the sum assured Rs.25,000/-, mode of payment half-yearly of Rs.873/- of the life assured, i. e. Akshay Maheshwari was issued. The life assured died on 2.5.1996, i. e. prior to commencement of the risk as contained in special provisions. L. I. C. did not make the payment of the benefits of the policy and sent a letter dated 30.7.1996 to accept the premium amount of Rs.2,619/- deposited by the respondent with the L. I. C. The respondent did not accept and filed a complaint before the District Forum. The complaint was resisted. The District Forum after appreciation of the material on record held that the book containing special provisions in relation to the table 113 was not given to the complainant, therefore, LIC cannot take advantage of the same, hence, ordered to make payment of Rs.25,000/- with interest at the rate of 18% p. a. from the date of filing of the complaint, i. e.11.9.1998 with Rs.500/- as compensation, and Rs.150/- as cost of the proceedings.

(3.) Mr. Deepesh Joshi, learned Counsel for the appellant and Mr. Shyam Sunder Sikarwar, learned Counsel for respondent heard.