The brief facts of the case are that the insured had an insurance policy commencing from 20-09-98. The complaint was the nominee under the policy and the dispute arose regarding the date of the death of the insured. The contention of the insurer was that as per the complainant’s letter his father died on 14-05-92 whereas the complainant/son of the deceased insured contended that the date of death was 14-05-89. The district forum accepted the case of the insurer and held that the policy had lapsed when the insured died and directed for repayment of the premium amount only.
In appeal by the complainant the state commission observed that from the perusal of the document on the record it was clear that the date of death mentioned by the complainant was 14-05-89. That apart even the death certificate which is public record issued by the health officer indicated the date of death as 14-05-89. The insurer also admitted to having received two half yearly premiums September 88 and March 89. And if they received March 89 premium apparently if it is quarterly premium then the next premium would have been due in June 89. Therefore in either case the death of the policyholder having been accepted as 14-05-89 the policy could not have said to be lapsed.

HELD: The appeal of LIC was dismissed and the entire amount along the bonus, interest etc. be paid to the complainant.


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