SNEHABALA SAHA Vs. LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.3.2008 passed by the District Forum/West Tripura in CPA -25 of 2002 dismissing the claim of the appellants for the assured amount in respect of a policy proposalby Lt. Sunil Chandra Saha, the husband of the appellant and father of the other appellants.

(2.) WE have heard Mr. P.K. Debnath, learned Counsel for the LICI Ltd. the respondent herein. None is present today for the appellants. We are of the view that on the basis of the materials available on record, this appeal can be disposed of without any further delay.

(3.) THE admitted facts in short is that Sunil Chandra Saha has submitted to proposals on 17.1.2000 to assure Rs. 50,000 under each proposal with under the accident benefit. Along with the proposal he deposited Rs. 1457 on 17.1.2000 to PW 2 proposal deposited receipt for the said amount were issued by the respondent. Butbefore issue of premium receipt and policy to the proposer guide on 20.1.2000, 3 days after the deposit the appellant raised claim for the assured amount and benefits accident which was, however, repudiated by the respondent. Aggrieved, the appellants approached the District Forum, West Tripura which also dismissed the claim only on the ground that there was no concluded contract as the proposals were not accepted by the insurer and the date has occurred at the proposal cases in support of the decisions the District Forum relied on a decision of the Apex Court in LIC of India v. Raja Vasireddy Komalavalli Kamba, 1984 AIR(SC) 1014. In that case the Apex Court held: