ORDER JUSTICE K.S.GUPTA, MEM,BER : This revision is directed against the order dated 29.7.2004 of Consumer Disputes Redressal Commisison Uttranchal, Dehradun, dismissing appeal against the order dated 26.4.2004 of a District Forum, whereby petitioner/ opposite party was directed to pay amount of Rs. 37,500/- being sum of second guaranteed addition with interest to the respondent/complainant. 2. Facts giving rise to this revision lie in a narrow compass. Dr. Rajiv Kumar had obtained a policy of Rs. 5 Lacs for a period of 25 years commencing from 28.12.2001. Life assured paid half yearly premiums on 28.12.2001, 26,7,2002 & 20.1.2003. He died in a car accident on 19.3.2003. On claim for second guaranteed amount not being settled the respondent, nominee filed complaint which was contested by filing written version by the petitioner. In the written statement obtaining of policy of Rs. 5 lacs starting from 28-12-2001 was not denied. However, it was alleged that second guaranteed addition was payable only on payment of half yearly premium becoming due on 28.06.2003 but before deposit of that premium, the life assured had died. Liability to pay the amount claimed was denied. 3. At this juncture, it will be profitable to refer to clalise-1 of the Special Provisions and condition No. 2 of the policy in question (at pages 11-13). Clause 1 : "Guaranteed addition, provided the policy is in full fora), a guaranteed addition of Rs. 75 per thousand sum assured will be added to the policy at the end of each policy anniversary and will be payable when the sum assured becomes payable". Condition No. 2:- ''A grace period of one month but not less than 30 days will be allowed for payment of yearly or half-yearly or quarterly premiums. If death occurs within this period and before the payment of the premium then due, the policy will still be valid and the Sum assured paid after deduction of the said premium as also unpaid premiums falling due before the next anniversary of the policy. If the premium is not paid before the expiry of the days of grace, the policy lapses. If the policy has not lapsed and the claim is admitted in case of death under a policy where the mode of payment of premium is other than yearly, unpaid premiums, if any, falling due before the next policy anniversary shall be deducted from the claim amount". 4.
If the policy has not lapsed and the claim is admitted in case of death under a policy where the mode of payment of premium is other than yearly, unpaid premiums, if any, falling due before the next policy anniversary shall be deducted from the claim amount". 4. Submission advanced by Shri S.P. Mittal, for petitioner was that as the life assured had died on19.03.2003 before completion of second anniversary i.e. 28.12.2003, the petitioner is not liable to pay second year guaranteed addition @ Rs. 75/- per thousand. It was pointed out that clause-1 and condition No.2 of the policy operate in different fields and will have, thus, to be interpreted independently. Reliance was placed on the decision in Life Insurance Corporation of India and Another V/s Dharam Vir Anand (1998)7 SCC 348. It is not in dispute that half yearly premium by coming due in June 2003 was deducted from the sum assured paid to the respondent, If the submission of Shri Mittal is accepted, then to become eligible to yearly guaranteed addition the death of life assured has to correspond with the date of commencement of policy and nominee of the assured will not be entitled to yearly addition if the assured dies in between and even unpaid premium falling due before next anniversary is recovered from the sum assured paid. In our view, interpretation as put to clause-l with above con-' sequences has to be repelled being without any merit. For the purpose of payment to guaranteed addition for second year under clause-I, the policy has to be taken to have run up to the end of second anniversary notionally. Orders passed by Fora below, therefore, do not suffer from any illegality or jurisdictional error warranting interference in revisional jurisdiction under section 21 (b) of Consumer Protection Act 1986. Revision petition is, therefore, dismissed with Rs. 3500/- as cost to the respondent.