R. Brizmohan Singh
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)