ORIENTAL INSURANCE CO LTD Vs. SULAKSHNA & ANR

JUDGEMENT

(1.) Counsel for the parties present. Sh. Shiv Charan, since deceased, husband of Sulakshna , the complainant purchased 'Nagriksuraksha Group Policy' from the Oriental Insurance Company Ltd., the Petitioner/OP. He paid premium/Distributorship fee in the sum of Rs.4,000/- with Douphin Touch Network (P) Ltd. OP-2. The OP-2 issued a pamphlet wherein it was clearly, specifically and unequivocally mentioned that the introducer would get the form, the proposal form filled up and Rs.4,000/- would be deposited with the Company against receipt. It was further mentioned that an identity card would be issued within 30 days and the Insurance Policy would be received within 60 days with further assurance that the policy risk would commence 15 days after the issuance of receipt . The sum of Rs.4,000/- as distributor fee was paid to Opposite Party No.2. The receipt is dated 31st December 2006.

(2.) Unfortunately, Sh. Shiv Charan passed away on 17.02.2007, due to an accident. F.I.R. was lodged with the Police Station. Postmortem Report (Exhibit R-4) confirmed that fact. Death Certificate Exhibit R-5 was issued by Registrar, Births & Deaths. After the death, Sulakshna moved an application for claim. The claim was repudiated by the Oriental Insurance Company on the ground that it issued the Insurance Policy after his death on 09.03.2007.

(3.) Both the Fora below have decided the case in favour of the complainant and against the Oriental Insurance Company Limited. Aggrieved by the orders of the Fora below, the Oriental Insurance Co. Ltd. has filed the present Revision Petition. Counsel for the petitioner-Oriental Insurance Co. Ltd. Submitted that it received the list of those persons, in whose favour the Insurance Policy was to be issued, on 09.03.2007, i.e., after the death of the insured, from OP-2. Consequently, he should not be fastened with the above said liability.