L I C Vs. CHATUR BEHARI LAL

JUDGEMENT

(1.) - Having heard the Counsel appearing for the Petitioner and for the first respondent, we have come to the conclusion that the interest of justice will be best served by directing the Petitioner - Life Insurance Corporation of India - to deposit the amount covered by the order of the State Commission as a fixed deposit for six months in any Nationalised Bank in the name of the Presiding Officer (Civil Judge) of the Civil Court, Udaipur and deposit the fixed deposit receipt in the Civil Court, Udaipur to the credit of Suit No. 90 of 1988 (Depali Gupta v. Anil Kumar and Others) pending on the file of the Court. We direct that this should be done within a period of four weeks from today. We request the Civil Judge, Udaipur to give maximum priority to the disposal of this Suit as the questions involved are relatively simple and to dispose of the suit, if possible, within six months from this date. In case the said suit is not disposed within a period of six months, the Petitioner will take steps to have the fixed deposit renewed from time to time until the suit is finally disposed of by the said Court. We are sure that the Civil Judge will adjudicate upon all the questions arising in the above mentioned suit on the merits including the contentions raised by all the parties before it relating to the title to receive amount as well as the quantum of the amount payable by the Petitioner Corporation.

(2.) In view of what has been stated above, it has become unnecessary for us to go into the question whether a nominee under a Life Insurance Policy can be regarded as a Consumer in the light of the provisions of the Consumer Protection Act and the Life Insurance Act. The said question is left open for determination when it properly arises for adjudication in the future.

(3.) The orders passed by the State Commission and the District Forum will stand set aside and this Revision Petition will stand disposed of with the directions contained in this order. Revision disposed.