SANT GAJANAN MAHARAJ Vs. PRATIBHA

JUDGEMENT

(1.) -THESE three Revision Petitions arise from a common order passed by the State Commission.

(2.) SMT. Pratibha, widow of Ramchandra B. Belokar, was the complaint before the District Forum, where she had filed a complaint alleging deficiency in service on the part of the employer of her husband, namely, Shri Sant Gajanan Maharaj College of Engineering, Shegaon as also the insurer, i. e. the Life Insurance Corporation of India.

(3.) UNDISPUTED facts of the case are that the husband (since deceased) of the complainant Smt. Pratibha was working as a Lecturer of Physics in the college run by Shri Sant Gajanan Maharaj College of Engineering. It is not in dispute that he was a beneficiary under the 'salary savings scheme' for which there was a tripartite agreement. It is also not in dispute that it was incumbent upon the employer to remit the insurance premium after deducting it from the employee concern. In the present instance, the deceased Ramchandra was deputed for research work in Nagpur University in the subject of Physics for the period from 1. 7. 95 to 30. 4. 1996. During the period of study programme, the deceased was getting Rs. 2,500 as financial assistance from college and Rs. 2,500 from Nagpur University as a fellowship. The college after adjusting for quarter rent Rs. 350, instalment of SBI loan Rs. 500, paying the deceased only Rs. 1,500. Unfortunately, the insured Sh. Ramchandra died due to accidental death by drowning and in these circumstances, when the complainant Mrs. Pratibha and her minor daughter Km. Abha, preferred the claim with the LIC, which was repudiated on the ground that no premium has been paid to them in the month of July, August and September, 1995. It is in these circumstances, complaint was filed by the claimants before the District Forum, against the College as also the LIC where the matter was contested by both the opposite parties. After hearing the parties, the District Forum allowed the complaint in following terms: