W.P.(C)--9364/2015. Case: SAKSHI MISHRA MINOR Vs. LIFE INSURANCE CORPORATION OF INDIA. High Court of Delhi (India)
| Case Number | W.P.(C)--9364/2015 |
| Citation | NA |
| Judgement Date | December 12, 2018 |
| Court | High Court of Delhi (India) |
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 12.12.2018 + W.P.(C) 9364/2015
SAKSHI MISHRA MINOR ..... Petitioner
versus
LIFE INSURANCE CORPORATION OF
INDIA ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr Rahul Kumar Singh, Advocate with
: Ms Meenu Singh, Mr Kartik Arora. For the Respondent : Mr Vishwendra Verma and Ms Shivali
: and Mr Pranav, Advocates for LIC.
CORAM
HON’BLE MR JUSTICE VIBHU BAKHRU
JUDGMENT
VIBHU BAKHRU, J
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The petitioner is a minor and has filed the present petition through her mother. The petitioner is, essentially, aggrieved by the action of respondent (hereafter „LIC‟) in not waiving the premium payable on account of the death of the proposer, the petitioner‟s late father. The petitioner also seeks refund of a sum of ₹31,148/- collected by LIC as premium/late fee for the period after the demise of her father.
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The petitioner was born on 21.10.2002. She was barely few months old when her father late Sh Awdesh Kumar Mishra purchased an insurance policy for the petitioner (policy no. 327847951 – hereafter „the said policy‟). The annual premium payable for the said policy was ₹7787.00. The date of commencement of the said policy was 28.04.2003 and it would vest after a period of eight years, that is, on 28.04.2021. The said policy would mature eight years thereafter, that is, on 28.04.2029. The said policy was for a sum of ₹1 lakh, which would be payable to the petitioner after maturity.
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The petitioner‟s father (who was the proposer) continued to pay the annual premium regularly till the year 2008. It is stated that the petitioner‟s father was diagnosed with a cancerous brain tumor in the year 2008 and expired on 19.04.2010, after a protracted illness.
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The petitioner‟s father did not pay the insurance premium during the period when he was ailing. Thus, the annual premium for the said policy was not paid for the year 2008 and 2009. Consequently, the said policy lapsed.
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After the demise of the petitioner‟s father, the LIC‟s branch office (Mandala Branch) sent a letter dated 13.12.2010 to the petitioner‟s mother, inter alia, advising her to contact the branch office for appointment of the petitioner‟s legal guardian since her father had expired. The petitioner‟s mother was further advised to deposit the outstanding premium for revival of the said policy. The said letter is set out below:-
“Sir,
Sub: Policy No.37284951
Km. Divyani Mishra (RA) Late Awdhesh Kr. Mishra (LP)
In respect of the above policy, after the death of late Sri Awdhesh Kumar Mishra proposer, necessary documents have been received to get premium waiver benefit. According to the status report on the date of death the policy was in a lapse position. Hence under the policy premium waiver benefit cannot be given.
Since the proposer is dead, therefore, please contact the Branch Office for appointment of legal guardian.
AND
In order to take the benefit under the said policy you are...
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