GITA DEVI AGGARWALA Vs. CHAIRMAN LIC

JUDGEMENT

(1.) -MR. Kishori Lal Aggarwala, husband of the deceased submitted a proposal to insure his life for a sum of Rs. 1,00,000 with double accidental benefits on 28. 7. 1997 with half-yearly premium of Rs. 4,772 with risk w. e. f. 28. 6. 1997. Unfortunately, in a devastating fire Mr. Kishore Lal Aggarwala became a victim and in his attempt to save himself from the clutches of the fire he jumped from the first floor along with his family members and thereby sustained severe injuries to which he succumbed.

(2.) BEFORE the death of the insured all important formalities were completed by the LIC. The LIC Eastern Zone on 25. 6. 1997 had collected premium of Rs. 4,772 and given a slip indicating premium calculations in detail initialled by the Development Officer. The deposit memo, of the Eastern Zone of the LIC for Rs. 4,772 is dated 25. 6. 1997. The declaration of the proposal is dated 28. 7. 1997. As proposer was 60 years of age he was examined by the LIC's doctor Dr. P. K. Dass and he had signed the proposal forum. As LIC wanted ECG to be done due to the age factor, it was performed on 30. 9. 1997 and it was found to be within normal limits by Dr. Arun Kumar Aggarwal. The Development Officer conducted an independent inquiry and submitted a report on 29. 10. 1997 as follows:

(3.) THE District Forum after hearing the parties passed the following order: