Vishwanath tripathi (Advocate) 17 February 2008

LIC Claim

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.

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9 Replies

anupam_advocate (n/a) 19 February 2008

plz ask to sanjay

soulofvalbooj (n/a) 19 February 2008

hellosir LIC can claim the premiums by deducting the amount from the returns (within the legal frame) which the applicant or nomiee will get it. under the insurance act.

Vishwanath tripathi (Advocate) 19 February 2008

In LIC matter I want very clear and accurate,detailed information.

anupam_advocate (n/a) 21 February 2008

vish plz discuss with sanjay dixit

Vishwanath tripathi (Advocate) 25 February 2008

Dear members,please help me and provide me more information regarding LIC claim matter.

R. Brizmohan Singh (Practising Lawyer) 27 February 2008

Dear Mr. Tripathi,

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.

With Best Wishes,

R. BRIZMOHAN SINGH, Advocate, Hyderabad,(AP)

rbrizmohan (practising lawyer) 28 February 2008

Dear Mr. Tripathi, Now I remember the name of the other party to the Supreme Court Judgement. It is Basanthi Devi.

Vishwanath tripathi (Advocate) 16 March 2008

Thanks. Mr R.Brijmohan for the information.Now i have one more point to clear,from which date he will be presumed dead from the date of lapse of 7 years or from the date of when he was lost.