K NETAJI PATNAIK Vs. SHYAMLAL DEY

JUDGEMENT

(1.) -heard learned Counsel for the appellant and the Counsel appearing for the respondents.

(2.) The appellant and the proforma respondents 4 to 11 have filed an application before the District Forum claiming a sum of Rs.99,900/- against the Life Insurance Corporation, represented through its Divisional Manager and the Branch Manager on the allegation that one Mr. K. G. Swamy, the predecessor-in-interest of the claimants had paid a premium of Rs.1,086/- on 31.3.1989 to the Insurance Agent (Respondent No.1 in this appeal) for covering the risk of his life. The agent after receipt of the premium duly deposited the same in the office of the L. I. C. , but no policy was issued thereafter. On 22.6.1989 the said K. G. Swamy died whereafter his legal representatives filed he aforesaid application claiming the amount for which the life of K. G. Swamy was sought to be insured.

(3.) The stand of the L. I. C. is that the proposal for covering the risk of life of K. G. Swamy reached the Corporation after the date of death of K. G. Swamy and, therefore, the question of covering the risk of his life did not arise prior to his death. In other words, their case is that the Insurance Corporation had never undertaken to cover the risk of the life of K. G. Swamy either by issurance of policy or otherwise, and therefore, they have no liability whatsoever.