LIFE INSURANCE CORPN Vs. SUNITA SHARMA

JUDGEMENT

(1.) Smt. Sunita Sharma, Lucknow filed a complaint against the Life Insurance Corporation before the District Forum, Lucknow whereby it registered as Complaint No.410/1990 on that District Forum has declared this judgment dated 28.3.1992 wherein the opposite parties of the case viz. Life Insurance Corp. the appellant have been jointly and severally held responsible for making a payment of a sum of Rs.50,000/- (Fifty thousand only), alongwith interest on this amount @ 14% per annum from 29.8.1988 till the date of payment as also to pay a compensation amount of Rs.500/- to the Complainant.

(2.) The Life Insurance Corporation aggrieved by the said order of the District Forum, Lucknow has filed this Appeal in the State Commission. Both (he parties appeared before the State Commission. On behalf of the Appellant (Life Insurance Corporation), it was admitted that they had not got the insured person (deceased who was the husband of the Complainant), examined by an authorized Medical Officer of the Corporation. It has been admitted that the Complainant is the nominee in the Insurance Policy in question.

(3.) We find from the papers placed by both the parties before us that the Appellant (Life Insurance Corp.), vide their letter dated 16.1.1990 which is their internal letter from the direct Agent branch to the Divisional Officer has stated that the case in question was "written off and the liability No. is 351" and that the file is with the Divisional Office. This letter does not give specific reasons for writing off and as such this letter is not to be treated as a speaking order repudiating the claim. In this connection the Appellant have referred to their other letter dated 1.2.90 which is addressed to the Complainant repudiating the claim, on the basis of alleged false information given in the proposal by the assured and in the personal statement dated 16.3.88 in respect of 5 items referred to in this letter.