Dear members,if somebody has not been heard for more than 7 years.and when he gone from home or left the home the FIR was lodged,after 2years FR was concluded with the finding that he can not be traced,on this the wife gets employment in place of her husband with the condition that if her husband comes she will lose,but husband could not be found and her services were confirmed thinking died as not heard for more than 7 years and more over his minor son recieved pension etc benefits from same date of his father abscond.But what will be the insurance claims the premiums of which are not paid after absconding of father in which mother is the nominee.insuranse co. is saying that it lapsed due to non payment of premiums.when the insured person lost at that time premiums were regularly paid.After his leaving home they were not paid as whole family was disturbed and searching him.
You legal answers require taking time to read the specific provisions of Contract Act, Insurance Act and the related case laws which you can as well do being a legal professional.
But here are a few tips:
1.LIC is an agent of the employer of the unheard of your client's husband. 2.Unheard of for seven years is a legal fictional death for the purposes of Property and Marriage laws and so, you have to try to extend this to liability of the Insurer. 3.There is a Supreme Court Judgement on Agency discussed above vis a vis non payment of subsequent instalments to LIC. If I remember correctly, it is Delhi Transport Corporation which is one of the parties to the judgement. 4. Upon research in the above direction, after giving notice to LIC, approach a Consumer Forum.