Kerala High Court
The Lic Of India vs Belquis Banu Salim on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WA NO. 530 OF 2021
AGAINST THE JUDGMENT IN WP(C) 25559/2019 OF HIGH COURT OF
KERALA dated 2.2.2021
APPELLANTS/PETITIONERS:
1 THE LIC OF INDIA,
DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY
SENIOR DIVISIONAL MANAGER ,PIN-673 001
2 LIC OF INDIA,
BRANCH OFFICE, PERINTHALAMANNA, REPRESENTED BY
SENIOR BRANCH MANAGER, LIC OF INDIA, BRANCH
OFFICE, KIDANGU ROAD, PERINTHALAMMAN,PIN-679 322
BY ADV S.EASWARAN
RESPONDENT/RESPONDENT:
DR.HEERA BANU,
AGED 72 YEARS
W/O. MUHAMMED BASHEER, 3/68-C,
NEDUNGADI GARDENS, CHAKKORATHKULAM,
NADAKKAVU P.O., KOZHIKODE DISTRICT-673 011
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A. Nos.530/2021 & 533/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WA NO. 533 OF 2021
AGAINST THE JUDGMENT IN WP(C) 14885/2018 OF HIGH COURT OF
KERALA DATED 2.2.2021
APPELLANTS/PETITIONERS:
1 THE LIC OF INDIA
DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY
SENIOR DIVISIONAL MANAGER, PIN - 673 001.
2 LIC OF INFIA
BRANCH OFFICE, PERINTHALMANNA, REPRESENTED BY
SENIOR BRANCH MANAGER, LIC OF INDIA,
BRANCH OFFICE, KIDANGU ROAD,
PERINTHALMANNA, PIN - 679 322.
BY ADV S.EASWARAN
RESPONDENT/RESPONDENT:
BELQUIS BANU SALIM
AGED 71 YEARS
D/O. CHEKKUTTY HAJI, KALATHINGAL HOUSE,
ANAKKAYAM P.O., MALAPPURAM DISTRICT,
PIN - 676 509.
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
W.A. Nos.530/2021 & 533/2021
3
FOLLOWING:
W.A. Nos.530/2021 & 533/2021
4
JUDGMENT
Dated this the 22nd day of July, 2021
S. Manikumar, CJ
On 13.7.2021, we passed the following order:
"Being aggrieved by the common judgment dated
02.02.2021 in W.P.(C) Nos. 25559 of 2019 and 14885 of
2018 affirming Exts. P7 and P10 orders respectively
passed by the Permanent Lok Adalat, Kozhikode and
directing the appellants to draw the amount covered by
those receipts deposited with the Permanent Lok Adalath,
Kozhikode, these appeals are filed.
2. On this day, when the matter came up for
hearing, inviting the attention of this Court to the prayers
made in O.P (PL) No. 59 of 2018 and O.P (PL) No.
03/2017, Mr. S. Easwaran, learned Standing Counsel for
the appellant Corporation, submitted that the Corporation is
willing for refund of entire premiums paid together with
interest at the rate of 12% per annum compounding on
yearly basis on the date of maturity, in stead of making
payment of Rs.8,37,500/- as claimed in O.P. (PL)
No.59/2018 to the respondents/writ petitioners on the date
of maturity i.e., on 23.11.2018.
3. For the said suggestion, Sri. R. Lakshmi Narayan,
learned counsel for the writ petitioners, submitted that the
respondents being aged and suffering from ailments, would
be satisfied, if the appellant Corporation refunds the entire
W.A. Nos.530/2021 & 533/2021
premiums paid together with interest at the rate of 12% per
annum compounding on yearly basis on the date of
maturity.
4. In as much as both the parties are willing for a
settlement and seek for a direction to refund the entire
premiums paid together with interest at the rate of 12% per
annum compounding on yearly basis on maturity, we direct
the appellants to file a statement as to the exact amount to
be paid to the respondents/writ petitioners.
5. Even though we place on record the oral
submission of the learned counsel for the respondents/writ
petitioners, with abundant caution, we direct the
respondents to file separate affidavits accepting the refund
of entire premium, as stated supra.
Post the matter on 22.07.2021."
2. On this day, Mr. S. Easwaran, learned counsel for the
appellants, has filed separate statements, consenting to refund the
entire premium paid, together with interest @ 12% per annum,
compounding on yearly basis, up to the date of effecting payment.
Statement filed by the appellants in W.A.No.530/2021 is reproduced:
"The above writ appeal came up for
consideration on 13-07-2021. It was submitted on
behalf of the appellants in terms of the pleadings in the
appeal that they are willing to pay the respondent the
amount claimed as alternative relief before Permanent
Lok Adalat vide Exhibit P1 in the writ petition.
W.A. Nos.530/2021 & 533/2021
Recording the same, this Hon'ble Court required
the respondent to file an affidavit expressing her
willingness to limit her claim to the alternative relief
prayed for in Exhibit P1 in WP 25559/2019.
The appellants were also required to file a
statement showing the details of the amount payable as
per the alternative relief.
It is submitted that the appellants have already
paid the Maturity Benefit under the policy to the
respondent as per the order of the Permanent Lok
Adalat. The appellants are hereby furnishing the details
of the amount payable to the respondent on the
alternative relief prayed for in Exhibit P1 application.
Calculation @ 12 %
Narration Amount (Rs)
Return of Premium (excluding the 5,62,800.00
accident benefit premium since no claim
under the accident benefit had arisen)
Add: Interest @ 12% p.a. compounding 2,00,737.00
yearly-for 2 years 8 months & 8 days
(i.e., from 23/11/2018 to 31/07/2021)
TOTAL amount Payable 7,63,537.00
Less Amount already paid 3,81,923.00
Balance to be settled 3,81,614.00
As per the order of the Learned Single Judge, the
appellants had deposited the entire claim awarded by
W.A. Nos.530/2021 & 533/2021
the Permanent Lok Adalath as Fixed Deposit for the
amount Rs.4,63,293/- in Corporation Bank with FD
receipt No.530401039703269 dated 05/11/2019 drawn
in favour of Permanent Lok Adalath Kozhikode and this
Receipt was deposited before the PLA on 07/11/2019.
The appellants may be permitted to withdraw the same.
The facts stated above are true
Dated this the 20th day of July 2021
Sd/-
Appellants"
3. Statement filed by the appellants in W.A.No.533/2021 is
extracted hereunder:
"The above writ appeal came up for
consideration on 13-07-2021. It was submitted on
behalf of the appellants in terms of the pleadings in the
appeal that they are willing to pay the respondent the
amount claimed as alternative relief before Permanent
Lok Adalat vide Exhibit P1 in the writ petition.
Recording the same, this Hon'ble Court required
the respondent to file an affidavit expressing her
willingness to limit her claim to the alternative relief
prayed for in Exhibit P1 in WP 14885/2019.
The Appellants were also required to file a
statement showing the details of the amount payable as
per the alternative relief.
It is submitted that the appellants have already
paid the maturity benefit under the policy to the
respondent as per the orders of the Permanent Lok
Adalat. The appellants are hereby furnishing the details
W.A. Nos.530/2021 & 533/2021
of the amount payable to the respondent on the
alternative relief prayed for in Exhibit P1 application.
Narration Amount (Rs)
Return of Premium (excluding the 11,76,000.00
accident benefit premium since the policy
matured and claim under the accident
benefit not arisen)
Add: Interest (@ 12% p.a. compounding 7,81,531.00
yearly)-for 4 years 5 months & 26 days
(i.e., from 05/02/2017 to 31/07/2021)
TOTAL amount Payable 19,57,531.00
Less Amount already paid 6,76,020.00
Balance to be settled 12,81,511.00
As per the order of the Learned Single Judge, the
appellants had deposited the entire claim awarded by
the Permanent Lok Adalath as Fixed Deposit for the
amount Rs.18,23,980/- in Punjab National Bank,
Perinthalmanna with FD receipt No.433800PU
00002340 dated 11/04/2019 drawn in favour of
Permanent Lok Adalath, Kozhikode and this Receipt
was deposited before the PLA on 17/04/2019. The
appellants may be permitted to withdraw the same.
The facts stated above are true
Dated this the 20th day of July 2021
Sd/-
Appellants"
W.A. Nos.530/2021 & 533/2021
4. Averments made in the respective affidavits filed by the
respondents in W.A. Nos.530 of 2021 and 533 of 2021 are one and the
same, and therefore, it is suffice to extract paragraph Nos.1 to 4, in W.A.
No.530 of 2021 alone.
"I am the respondent in the above Writ Appeal and the Writ
petition. I know the facts of the case. The above Writ
Appeal, filed by the petitioners in the W.P.(C) No. 25559
2019, challenging the judgment dated 2.2.2021 in the W.P.,
came up for admission before this Hon'ble Court on
13.7.2021. During the course of arguments, pointing out
ground No.G in the Memorandum of Appeal. The counsel for
the appellants submitted that the appellants are ready and
willing to pay to the respondent herein, the amounts
calculated as per the alternative prayer in Ext.P1 complaint
ie., O.P. (PL) No 59/2018 before the Permanent Lok Adalat,
Kozhikode, if the respondent is willing to accept the same as
full and final settlement of the claims raised in Ext. P-1, O.P.
(PL) No. 59/2018, before the Permanent Lok Adalat,
Kozhikode.
2. In response, my counsel, as per the instructions
already obtained from me, submitted that the respondent is
ready to accept the said course suggested, if the amounts
so calculated, on the basis of alternative prayer for refund of
the entire premiums paid together with interest @ 12% per
annum, compounding on yearly basis, up to the date of
effecting payment, is paid by the appellants to the
W.A. Nos.530/2021 & 533/2021
respondent, within the shorter time frame fixed by this
Hon'ble Court, after deducting the amount already paid. In
view of my advancing age and present health condition, I
had instructed the counsel to concede to such a course, as
suggested by the Appellants, as further delay in getting the
amount will be detrimental to me.
3. Considering the above submissions, this Hon'ble
Court was pleased to direct me and the appellants to file
affidavit in terms of the submissions made before this
Hon'ble Court and posted the case for further consideration
on 22.07.2021. This affidavit is filed in obedience to such
direction.
4. It is most humbly submitted that I am ready and willing to
accept the amount calculated in terms of my alternative
prayer in Ext.P1 complaint O.P.(PL) No.59/2018, before the
Permanent Lok Adalat, Kozhikode for refund of the entire
premiums paid together with interest @ 12% per annum,
compounding on yearly basis, up to the date of effecting
payment, from the appellants. within the shorter time frame
fixed by this Court, after deducting the amount already paid,
towards full and final settlement of my claims against the
appellants which is subject matter of Ext. P-7 order dated
27.3.2019 in O.P.(PL) No.59/2018 of the Permanent Lok
Adalat, Kozhikode. This court may be pleased to record this
undertaking and pass appropriate orders ."
5. Based on the statements filed by the Life Insurance
Corporation of India, Mr. S. Easwaran, learned counsel for the LIC,
W.A. Nos.530/2021 & 533/2021
submitted that as agreed to by the Life Insurance Corporation of India,
appellants would pay the balance amount, before 31.07.2021, with
accrued interest upto the date of effecting payment.
6. Details of the amount to be paid to the appellants in W.A.
No.530 of 2021, which at the risk of repetition, are as hereunder:
Narration Amount (Rs.)
Return of Premium (excluding the accident benefit 5,62,800.00
premium since no claim under the accident benefit
arisen)
Add: interest @12% p.a. Compounding yearly)- 2,00,737.00
for 2 years 8 months & 8 days (ie., from
23.11..2018 to 31.07.2021)
TOTAL Amount payable 7,63,537.00
Less : Amount already paid 3,81,923.00
Balance to be settled 3,81,614.00
7. Details of the amount payable to the appellant in W.A. No.533
of 2021, which at the risk of repetition, are as hereunder:
Narration Amount (Rs.)
Return of Premium (excluding the accident benefit 11,76,000.00
premium since the policy matured and claim under
accident benefit not arisen)
Add: interest @12% p.a. Compounding yearly)- for 4 7,81,531.00
years 5 months & 26 days (ie., from 05.02.2017 to
31.07.2021)
TOTAL Amount payable 19,57,531.00
Less : Amount already paid 6,76,020.00
Balance to be settled 12,81,511.00
W.A. Nos.530/2021 & 533/2021
8. In both the writ appeals, as per the order of the learned Single
Judge, appellants have deposited the entire claim, as awarded by the
Permanent Lok Adalath in fixed deposit. The details of the deposit in
W.A. No.530 of 2021, are as hereunder :
"5. As per the order of the Learned Single Judge, the
appellants had deposited the entire claim awarded by the
Permanent Lok Adalath as fixed deposit for the amount of
Rs.4,63,293/- in Corporation Bank with FD receipt
No.530401039703269 dated 05.11.2019 drawn in favour of
Permanent Lok Adalath Kozhikode and this Receipt was
deposited before the PLA on 07.11.2019. The appellants
may be permitted to withdraw the same."
9. Details of the deposit in W.A. No.533 of 2021, are as under :
Fixed deposit for the balance amount : Rs.18,23,980/-
Name of Bank : Punjab National Bank, Perinthalmanna
FD receipt No.: 433800PU00002340 dated 11.04.2019.
Fixed deposit is drawn in favour of Permanent Lok Adalath
Kozhikode and this Receipt was deposited before the PLA
on 17.04..2019."
10. As both the parties have consented for refund of the entire
premium, together with interest at 12% per annum, compounding on
yearly basis, up to the date of effecting payment, Life Insurance
Corporation of India and another/appellants herein, are directed to
W.A. Nos.530/2021 & 533/2021
refund a sum of Rs.3,81,614.00 to the respondent in W.A. No.530 of
2021 and Rs.12,81,511.00 to the respondent in W.A. No.533 of 2021,
on or before 31.7.2021. Amounts deposited in fixed deposits, as
referred to in paragraph No. 5 of the statements filed in W.A. Nos.530 of
2021 and 533 of 2021, are permitted to be withdrawn.
11. Life Insurance Corporation of India and another/appellants
herein, are permitted to make necessary applications, before the
Permanent Lok Adalath, along with copy of the payments made,
statements dated 20.7.2021, in both the writ appeals, filed before this
Court, receipts of payments made to the respondents, in terms of the
directions issued, and a certified copy of this judgment. If such
applications are filed, Permanent Lok Adalath shall refund the amounts
stated supra, forthwith.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.xx
