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Judgment
MR. Kuldeep Kumar Shukla, learned Counsel for the appellant has been heard at length The entire record has been examined.
SRI Rajendra Singh Gaur is the proud father of late SRI Harsh Udai Singh Gaur who sacrificed his life in fighting with extremist in Jammu and Kashmir on 29.11.1994. He had policy No. 48312447 for Rs. 25,000/- issued on 28.2.1977. On registering claim the L.I.C. repudiated the same because the complainant SRI Rajendra Singh Gaur had intimated the death quite late i.e., in June, 2003. The case of the complainant was that he is more than 80 years of age and was not able to intimate earlier and since he completed all the formalities so as to collecting the papers of death, cremation, etc. from the authorities concerned, the repudiation was criticised as illegal, unwarranted and unjustified on facts. The complainant claimed to be the nominee in the said policy and, therefore, preferred the complaint before the District Forum claiming the policy amount of Rs. 25,000/- with whatever other dues there be and claimed Rs. 10,000/- as compensation also for illegal repudiation of the said claim. A finding has been recorded by the District Forum that the policy stood intact for more than 10 years and the complainant was the nominee under that policy. It has further recorded a finding on the basis of the evidence on record that it is the complainant alone who was entitled to the policy amount as nominee of the deceased policy holder and proceeded to decree the claim.
Sri Shukla wanted to argue that the evidence on the record did not prove the claim of the complainant but the position of the evidence discussed is just the other way around.
IT will be injustice to the complainant if the order is interfered with particularly when his son died in fighting with the extremist in Jammu and Kashmir. The appeal is devoid of merits. Dismissed.
THE appellant is allowed two months time to make the payment. Let copy of this order be made available to the parties as per rules. Appeal dismissed.