SHANAAZ FATIMA W/O SHRI ZAHID MILYAN, C/O M/S ANEESH GENERAL STORE, JAGATPUR (HAFIZ KI MAZAR) THANA BARADARI, PURANA SHAHAR, BAREILLY U.P Vs. UNIT TRUST OF INDIA GULAB BHAWAN, REAR BLOCK, 2ND FLOOR,6 BSZ MARG, NEW DELHI

JUDGEMENT

(1.) Late Shri Fazal Ahmad, father-in-law of the complainant/petitioner purchased a ULIP Policy on 02.05.1995. He died on 06.01.1997. Being his nominee, the complainant/petitioner sought benefit available in case of accidental death, in terms of the policy taken by the deceased, from the respondent. The respondent, while paying a sum of Rs. 6610.34 to her, denied the benefit in case of accidental death, amounting to Rs. 30,000.00 to her. Being aggrieved from the denial of the said benefit, the petitioner/complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the respondent primarily on the ground that the deceased having failed to make timely payment of the premium, the benefit in case of accidental death was not available. It was pointed out in the reply filed by the respondent that under the 10 years plan with half yearly payment taken by the deceased, premium amounting to Rs. 1500.00 was payable on 10th April and 10th Oct. every year, but the deceased had failed to make payment in terms of the aforesaid plan taken by him. It was also stated in the reply that as per the terms of the scheme, 15 days grace period was available in case of non-payment by the due date and thereafter the insurance cover stood automatically withdrawn. It was stated in the reply that as against due dates of 10.10.95, 10.04.96 and 10.10.96, the premium was paid on 09.09.96, 09.09.96 and 20.12.96 respectively for the 2nd , 3rd and 4th instalments.

(3.) The District Forum, vide order dated 16.12.1999, allowed the complaint and directed the respondent to pay a sum of Rs. 30,000.00 to the complainant/petitioner along with interest @ 12% p.a.