ORDER B.K. Tamini, Member — Petitioner was the complainant before the District Forum, where she had filed a complaint alleging deficiency in service on the part of the respondent-Life Insurance Corpn. of India (L.I.C.). 2. Undisputed facts of the case are that the complainant’s husband (since deceased) was an employee of local municipality and they in turn had proposed to take Insurance from the LIC. One of the conditions was that there should be at least 25 members willing to get themselves insured. Once this condition was complied with, the Policy was obtained and issued on 6.5.02, wherein one of the members was the complainant's husband who had died on 17.4.02. It is clear that till 6.5.02 there was no contract between L.I.C. and local municipality and for that matter, the complainant’s husband. It is admitted position that the complainant deposited money with the nodal agency, i.e., local municipality on 8.12.01 but since the required 25 persons could not be collected the amount was not remitted till 3.5.02. When the complainant, widow of the complainant, preferred a claim, which was not settled, hence a complaint was filed before the District Forum, who allowed the complaint and directed the L.I.C. to pay an amount of Rs.50,000/- along with interest @ 9% p.a. and cost of Rs.500/-. Aggrieved by this order, an Appeal was filed before the State Commission, which was allowed. Not satisfied with this order this revision petition has been filed before us. 3. We heard the Ld. Counsel (Amicus appointed by us) for the Appellant and for the L.I.C. After perusal of material on record, we find that there was no contract between L.I.C. and the nodal agency before the date of death of the complainant’s husband. We also cannot find fault with the nodal agency as the condition precedent for getting the Policy was to collect 25 persons willing to get themselves insured. As soon as this was done, the proposal was sent on 3.5.02; admittedly at that time the complainant’s husband had expired. There is no flaw in the order passed by the State Commission. 4. However, keeping in view the difficulties which a widow would face, on our request, the L.I.C. has graciously agreed to pay Rs.20,000/- on ex-gratia basis, which we appreciate and they are directed to make this payment within a period of 4 weeks from passing of this order.
There is no flaw in the order passed by the State Commission. 4. However, keeping in view the difficulties which a widow would face, on our request, the L.I.C. has graciously agreed to pay Rs.20,000/- on ex-gratia basis, which we appreciate and they are directed to make this payment within a period of 4 weeks from passing of this order. This will under no circumstances be treated as a concession or admission of deficiency in service on the part of the L.I.C. 5. This revision petition stands disposed of in above terms. Revision Petition dismissed accordingly. *********