Legal Question in Civil Rights Law in India

A lady 's husband went missing on 17 Aug 1995. After despite sincere efforts, he has not been heard for the past 2 years. Police had closed the inquiry to search him.

Wife of missing person continued to pay the LIC premium in the name of her husband as nominee. she stopped paying premium in 25 Aug 1997. She approached to LIC authority to get total amount of 1,25,000-00 due for payment on assumption of death of her husband. LIC authority refused to entertain the claim mentioning that she should produce a decree from a court of law to the effect that her husband is presumed to have died.

Decide as to whether there lies any presumption that her husband died between 17 Aug 1995 and 25 Aug 1997. Also decide as to whether in view of section 108 of the Evidence Act , such a presumption can be raised only after a lapse of 7 years and in meantime, policies should have been kept alive by paying the premium regularly.


Asked on 2/18/15, 3:17 am

1 Answer from Attorneys

only after 7 years that a person is unheard of, he is presumed dead. it was obligatory for the interested person to pay the premium for 7 years to take the benefits of LIC policy. however, one has to go through all the clauses of the policy and if need be, a consumer forum or insurance ombudsman may help.

Adv. Rajiv

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Answered on 2/19/15, 3:14 am


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