APPEAL NO: 782/2008


Smt. Rama Devi Agarwal Vs. LIC of India, Jaipur through Divisional Manager


5.5.09


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethia-Member


Mr.R.S.Dangayach counsel for the appellant

Mr.Prashant Mantri counsel for the respondent


This appeal has been filed by the complainant appellant against order dated 21.2.08 passed by the District Forum, Jaipur IInd in contempt petition no. 191/07 by which the application was rejected inter alia holding that compliance of the judgment in question has been made by the respondents LIC.


2. It arises in the following circumstances-


That the complainant appellant had filed a complaint before the District Forum, Jaipur IInd bearing no. 602/2001 inter alia stating that her son Lalit Kumar Agarwal, now deceased had taken an insurance policy known as Jeevan Mitra Double Cover Endowment Plan with accidental benefits for a sum of Rs. 1 lac on 14.11.91 and the deceased had died on 26.7.97 and thereafter claim was preferred by the complainant appellant before the respondents LIC but the claim was repudiated by the LIC and after hearing the


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parties, that complaint was dismissed by the District Forum through order dated 15.9.05.


Aggrieved from that order the complainant appellant had filed an appeal before this Commission and this appeal was registered as appeal no. 1882/2005 and this appeal was allowed by the State Commission through judgment dated 27.9.07 in the following manner-


"For the reasons stated above, this appeal filed by the complainant appellant deserves to be allowed and the same is accordingly allowed and the impugned order dated 15.9.05 passed by the District Forum,Jaipur IInd is quashed and set aside and the complaint filed by the complainant appellant is allowed in the manner that the respondents LIC would pay a sum of Rs. 1 lac to the complainant appellant alongwith interest @ 9% p.a. from the date of filing of the complaint till the payment is made."


Since after passing of the appellate judgment the respondents LIC had made full compliance of the appellate judgment dated 27.9.07 but the complainant was not satisfied with that and had filed an application u/s 27 of the C.P.Act,1986 bearing no. 191/07 inter alia stating that as per terms of the policy the respondents LIC was also bound to make payment of bonus and since the appellate judgment was silent on that point, therefore, it was prayed that the order be passed against the LIC for making payment of bonus.


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The District Forum, Jaipur IInd through impugned order dated 21.2.08 had dismissed the application inter alia holding that the respondents had made full compliance of the appellate judgment.

Aggrieved from that order dated 21.2.08 passed by the District Forum,Jaipur IInd, this appeal has been filed by the appellant.


3. In this appeal the main contention of the learned counsel for the appellant is that since bonus was also to be paid by the respondents LIC to the complainant and since by mistake it was not mentioned in the appellate judgment, therefore, even then the respondents LIC was bound to make the payment of bonus. Hence appellate judgment be corrected in that manner or the LIC be directed to make payment of bonus to the complainant appellant


4. In our considered opinion, looking to the fact that the appellate judgment is silent on the point of bonus and if the respondents had made full payment in respect of terms of the appellate judgment passed by this Commission, there was no case for initiating proceedings u/s 27 of the C.P.Act,1986 and the District Forum had rightly rejected that application filed by the complainant appellant and thus we see no reason to differ with the findings recorded by the District Forum and this appeal deserves to be dismissed.


Accordingly, the appeal filed by the appellant is dismissed.



Member President