Ram Naresh Singh vs Life Insurance Corporation of India

THIS appeal No. 276 of 1993 and Appeal No. 277 of 1993 are directed against the order dated 6.7.1993 passed by the District Forum, Gopalganj disposing of the Complaint Case No. 9 of 1993 and 10 of 1993 by the common order dismissing these two complaint cases filed by the complainant who is appellant in these two appeals against the respondent here who was opposite party before the District Forum in both the cases. The parties are hereafter being referred with the same nomenclature which they had before the District Forum.

THE facts of the case may be noticed with utmost brevity for the disposal of these two appeals. Kalicharan Singh who was son of the complainant in these two cases had taken two Life Insurance Policies with the opposite party, one bearing No. 29750895 dated 24.3.1977 for a sum of Rs. 20,000/- and the other bearing No. 29752412 dated 28.3.1977 for a sum of Rs. 15,000/-. Kalicharan Singh was murdered on 1.5.1977 and the complainant who is the father of the assured claiming to be nominee in both the policies preferred claim thereafter with the opposite party for payment of the respective amount under the aforesaid policies which was repudiated by letter dated 23.5.1984 by the opposite party. THE complainant filed Complaint Case No. 9 of 1993 in respect of his policy dated 24.3.1977 for Rs. 20,000/- and Complaint Case No. 10 of 1993 in respect of his policy dated 28.3.1977 before the District Forum claiming the payment of the amount under these two policies with interest. On being noticed the opposite party appeared in both the cases and filed counter version challenging the claim of the complainant on several grounds, mainly on the ground that these two cases of the complainant are for stale claims and that before filing these two cases before the District Forum the complainant filed writ application before the Hon''ble High Court, Patna against the opposite party for the same cause which was contested by the opposite party and was dismissed by the High Court and hence these two cases were not maintainable.

The District Forum by the impugned order has dismissed these two cases mainly on these grounds taken on behalf of the opposite party. Hence these two appeals by the appellant.

AT the very outset we would like to mention that we find no merit in these two appeals. Admittedly the claim of the complainant under the two policies was repudiated by the opposite party - Insurance Company by letter dated 23.5.1984. Article 44(b) of the Limitation Act prescribes period of three years from the date of the denial, if the claim on the policy is denied, either party or wholly for filing a suit in respect of that claim. The complainant filed the two cases before the District Forum about 9 years after the repudiation of his claim by the opposite party on 23.5.1984. The claim of the complainant had become stale and hence the complainant was not entitled to any relief with regard thereto. Merely because the complainant was corresponding with same authorities and officers of the Insurance Company with regard to his claims even after repudiation of his claim under the two policies cannot extend the period of limitation and revive his claim.

IT is also not disputed by the complainant-appellant that the writ application filed by him before the High Court, Patna for the same cause was contested by the opposite party and was dismissed on 17.12.1992. For these reasons we find that there is no ground to interfere with the findings of the District Forums. In the result, these two appeals are dismissed. The order passed by the District Forum is hereby confirmed. Taking however the consumer status of the appellant in these two appeals there is no order as to costs. Appeals dismissed.