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Death Claim - Gbic.co.in

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Award Dated : 06.03.07Facts & Submissions:The <strong>co</strong>mpla<strong>in</strong>ant was the wife and nom<strong>in</strong>ee under Jeevan Akshay policy no. 530073801of her husband Late Shyam Sundar Prasad. The life assured expired on 09.10.05. Shefurnished a <strong>co</strong>py of letter dated 03.05.06 issued by LICI, Eastern Zonal Office show<strong>in</strong>greturn of unutilized annuity cheques and <strong>co</strong>nfirm<strong>in</strong>g exit action taken by them. Thedeath claim was, however, kept pend<strong>in</strong>g by the servic<strong>in</strong>g branch. The <strong>co</strong>mpla<strong>in</strong>ant didnot submit ‘P’ form.HEARING :A hear<strong>in</strong>g was fixed. The <strong>co</strong>mpla<strong>in</strong>ant did not attend, while representatives of LICIattended. Dur<strong>in</strong>g the hear<strong>in</strong>g, the representatives of LICI produced evidence that theyhave settled the death claim for Rs. 14,280/- vide cheque no. 133216 dated 28.12.06.This is also <strong>co</strong>nfirmed by the order issued by the District Consumer Forum, which hasstated that the above petitioner does not have any <strong>co</strong>mpla<strong>in</strong>t aga<strong>in</strong>st LICI as they havesettled the claim.Decision :Under these circumstances, the petition filed by the <strong>co</strong>mpla<strong>in</strong>ant is deemed to havebeen settled and no further action need be taken as the <strong>co</strong>mpla<strong>in</strong>ant is satisfied by theredressal of the <strong>co</strong>mpla<strong>in</strong>t.Kolkata Ombudsman CentreCase No. : 349/24/001/L/08/06-07Smt. Sudha<strong>in</strong> MahaliVsLife Insurance Corporation of IndiaAward Dated : 07.03.07Facts & Submissions :This was a petition filed by Smt. Sudha<strong>in</strong> Mahali for non-settlement of death claimunder Salary Sav<strong>in</strong>g Scheme (SSS) Policy on the life of her husband by LICI.Smt. Sudha<strong>in</strong> Mahali, wife of Late Somra Mahali, deceased life assured (DLA), andnom<strong>in</strong>ee made this petition for non-payment of death claim under SSS policy issued byLICI. Aga<strong>in</strong>st her representation, she was <strong>in</strong>formed that the policy had lapsed w.e.f.August’99 and noth<strong>in</strong>g was payable. Hence, this petition was filed for relief.Ac<strong>co</strong>rd<strong>in</strong>g to the <strong>in</strong>surance <strong>co</strong>mpany, the policy was under SSS with DOC 28.09.1998.They enquired from the employer Jogesh Chandra Tea Estate with regard to premiumsthat have been deducted from the DLA’s salaries and remittance particulars and it wasfound that the premiums were deducted up to April, 2000 (DLA was killed on15.05.2000), but remittance was made only up to July 1999. The employer failed toremit premium deducted from salary due to paucity of funds. Ac<strong>co</strong>rd<strong>in</strong>g to the<strong>in</strong>surance <strong>co</strong>mpany, s<strong>in</strong>ce the employer was at fault, they regretted the same. The<strong>in</strong>surance <strong>co</strong>mpany further stated that they sent the claim forms to the claimant andstated that they requested their <strong>co</strong>mpetent authority to <strong>co</strong>nsider the claim as ex-gratia.Ac<strong>co</strong>rd<strong>in</strong>g to them, the <strong>co</strong>mpla<strong>in</strong>ant has not yet submitted the claim forms.Decision :<strong>Death</strong> of the life assured was established and it was presumed that the <strong>in</strong>surer havenot denied the claim. As per the details mentioned above, the premiums were deductedup to April 2000 and, therefore, the policy was <strong>in</strong>-force at the time of death of the DLA.Though the claim was lodged after more than 3 years, the <strong>in</strong>surance <strong>co</strong>mpany under

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