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2004 DIGILAW 33 (UTT)

Life Insurance Corporation of India v. Ganga Devi

2004-04-15

K.D.SHAHI, LUXMI SINGH, SURENDRA KUMAR

body2004
JUDGMENT This is an appeal against the order dated 26.07.2.002 passed by the District Forum Pitthoragarh whereby the complaint of the complainant, Smt. Ganga Devi was allowed for recovery of insured amount on the death of her husband. 2. The Learned Counsel for the insurance company argued that the Forum or Commission has got no jurisdiction to hear the complaint. We shall scan the pleadings in this light only. Sh. Suresh Chandra Nariyal was in service in Sridurga Engineering Works, Focal Point, Ludhiana as Supervisor. He took the policy at Ludhiana. The policy was issued to him at Ludhiana. He did not pay the last Mo premiums of the policy. The policy lapsed The claim was therefore repudiated by the insurance company. 3. Sh. Suresh Chandra Nariyal died in Ludhiana. It is alleged that after 1.28 hours of his death, the deposit has been made and a lapsed policy cannot be revived after the death of the insured. However, everything was done at Ludhiana. The proposal form was filled' in there. The policy was issued there. The policy was issued there. The premiums were being paid there. The insured died in Ludhiana. Nothing was done in District Champawat. Merely on the ground that the complainant is a resident of Champawat, she is not entitled to file a complaint in Champawat. The only plea is that the complainant is an illiterate. helpless lady, she is unable to got to Ludhiana and since the working of the insurance company is inentire India, therefore the complaint has been filed in Champawat. Merely on the ground of Branch Office, the complaint cannot be filed at Champawat because neither the Head Office has been sued in the complaint, nor the Champawat it Branch is the Branch Office of Ludhiana Branch. A Branch can never be a Branch. The total cause of action is alleged only against Branch Manager, Ludhiana and not against the entire Life Insurance Corporation of India. 4. The complaint should have been dismissed on the ground of jurisdiction alone. Therefore the order passed by the Learned Forum is without jurisdiction and is to be quashed. ORDER The appeal is hereby allowed. The order dated 26.07.2002 passed by the Learned Forum is hereby quashed The complaint is also dismissed on the ground of jurisdiction only. 4. The complaint should have been dismissed on the ground of jurisdiction alone. Therefore the order passed by the Learned Forum is without jurisdiction and is to be quashed. ORDER The appeal is hereby allowed. The order dated 26.07.2002 passed by the Learned Forum is hereby quashed The complaint is also dismissed on the ground of jurisdiction only. The complainant its however free to file another complaint or regular suit before the competent Forum or Court and in that, event our judgment and findings shall not be treated as an expression of opinion on any of the points involved in the case. Court of the appeal shall be easy.