JUDGMENT
C.M. Nayar, J.
(1) This is an application by the plaintiff under Order 12 Rule 8 read with Section 151 of Civil Procedure Code, praying that a decree may be passed in favor of the plaintiff against the defendant, in respect of the amount admittedly payable by the defendant to the plaintiff. The brief facts of the case are that the suit for declaration has been filed in this Court by Smt. Manju Goel, who is the wife of Shri Munish Chander Goel son of Shri Devi Dayal, to the effect that the said Shri Munish Goel died between 17th August and 20th August, 1978, or in any event prior to June, 1980. and for the recovery of amount of Rs. 2,17,78070 or in the alternative Rs. 2,23,500.00 , being the amount of death claim in respect of the Life Insurance Policies of said Shri Munish Goel. The said Shri Munish Goel was holder of four Life Insurance Policies, issued by the defendant Corporation and the particulars of these policies are mentioned in paragraph 3 of the plaint. The plaintiff has further averred in paragraph 5 of the plaint that Shri Munish Goel did not return to Delhi on 20th August, 1978 and he has been misting ever since August 17, 1978 or thereabout when he is believed to have deen seen on the way from Pahalgam to the cave of Amarnathji in Jammu and Kashmir. Since then, he has not been heard of by the plaintiff or by any of his relatives or friends.
(2) The suit is pending final consideration before this Court.
(3) The plaintiff, however, has submitted in this application that the respondent Corporation has filed the written statement and taken the stand in paragraph 16-A to the effect that the Corporation is only liable to pay the paid up value of the policies in question, as set out in the said paragraph in accordance with the terms and conditions, contained in the policy bonds. The details of the said policies and their paid up values are specified by the defendant as follows: “SR.No. Policy No. Paid up value Bonus Total (i) 24071310 Rs. 28.750.00 Rs. 10640.00 Rs. 39,390 (ii) 24250185 Rs. 10,625.00 nil Rs. 10.625.00 (iii) 24609816 Rs. 8,334.00 Rs. 2.240.00 Rs. 10.574.00 (iv) 21505269 Rs.8,750.00 Rs.3,120.00 Rs.ll,870.00 Besides the survival benefit due on 28th February, 1981 is also payable under policy No. 24609816. The paid up value acquired by policy No. 24250185 is payable on the date of maturity only i.e. on 25th October, 1991.”
(4) The learned Counsel for the plaintiff has argued that and at least this amount should be paid to the plaintiff which interest at the rate of 18 per cent per annum from the date of suit.
(5) The Corporation has submitted that there is no proof about the factum of death of the deceased Sri Munish Goel and the plaintiff has not proved the same and till such time a declaration is made in this regard, no amount is payable to the plaintiff. In any case, the paid up values of the policies have to be paid on maturity and the plaintiff is not entitled to any amount at this stage.
(6) This is a very unfortunate case where the husband of the plaintiff is missing since the year 1978 and there is also a report dated 30th May, 1980, from the Jammu and Kashmir police that the husband of the plaintiff Shri Munish Goel is not traceable and no further action in the matter is dialed for and enquiry regarding his death has already been closed. The defendant Corporation has also made no efforts to make their own enquiry with regard to the factum of death of Shri Munish Goel and has only raised the technical objection to the effect that since there is no proof of death of the deceased Shri Munish Goel, the plaintiff is not entitled to any amount. This approach cannot be appreciated as tragedy has struck the family and the objections, which are sought to be raised by the Corporation, are clearly misconceived and out of place. It may also be mentioned that Shri Munish Goel happened to be an agent of the Life Insurance Corporation and served the Corporation in his life time and his case has not been treated with proper consideration when he is no longer on the scene. The plaintiff who is the wife of Shri Munish Goel had to approach this Court by means of this interim application to get the relief, as prayed for. Learned Counsel for the plaintiff has further referred me to Sections 107 and 108 of the Indian Evidence Act. It may be relevant to reproduce Section 108 which reads as under: “108. Burden of proving that person is alive, who has not been heard of for seven years-Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.”
(7) The reading of the above provision indicates that the Life Insurance Corporation should also have made their own efforts to prove or disprove the factum of the death of the husband of the plaintiff and could have substantiated their own findings so that the matter could be expeditiously disposed of. I am afraid nothing of this sort has been done in this case and the attitude has been indifferent and callous. The admitted amounts have been withheld without any cogent reasons.
(8) For the foregoing reasons, it will be in the interest of justice, if the plaintiff ‘is awarded a sum of Rs. 72.639.00 , which is alleged to be paid up value of the policies, taken out by Shri Munish Goel. The said amount shall carry interest at the rate of 12 per cent with effect from the date of filing of suit till the date of payment. The amount shall be paid to the plaintiff by the defendant Corporation within six weeks from today. The said payment, however, shall be subject to the final outcome of the decision in the suit. 1.A. stands disposed of. Suit No. 2135188
(9) List the suit before Joint Registrar for further proceedings on 29th September, 1992.