Life Insurance Corporation of India vs ANUPAMA

COM-plainant/respondent is the widow of Late Gangapati Shetty who was a driver with the Karnataka State Road Transport Corporation. COMplainant had obtained three Life Insurance Policies under Salary Saving Scheme from the petitioner. Onus was with employer to pay the premiums, deducting it from the salary of the deceased driver. Upon the death of the insured and on preferring claims with the Insurance Co. petitioners, two claims were settled. One was repudiated on the ground that premium had not been paid for a certain period. It is in these circumstances, the complainant filed a complaint before the District Forum who after hearing the parties and relying upon the judgment of the Hon''ble Supreme Court in Desu v. Basanthi Devi, III (1999) CPJ 15 (SC)=VIII (1999) SLT 279=1999 (8) SCC 229, allowed the complaint. An appeal filed by the petitioner was dismissed by the State COMmission, hence this Revision Petition.

WE heard the arguments of the learned Counsel for the petitioner. WE are unable to agree with the arguments advanced by the petitioner that the judgment of the Supreme Court is not applicable in this case as the premium were not paid by the deceased. In the judgment of the Supreme Court (supra) it was held that onus is on the employer to pay the premium after deducting it from the salary of the insured employee. Same is the case here. In our view this case is fully and squarely covered by the judgment of the Hon''ble Supreme Court. The District Forum rightly and correctly relied upon this judgment and passed the order in this case which for the same reason was affirmed by the State Commission. This revision petition is devoid of merits, hence dismissed. No orders as to costs. Revision Petition dismissed.