CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00770
Dated, the 22nd December, 2008
Appellant : Shri Dev Nandan Prasad
Respondents : Life Insurance Corporation of India
This matter came up for hearing on 17.12.2008 in response to
Commission’s notice dated 12.11.2008. Appellant was absent when called,
whereas the respondents were represented by Shri Golok Behari Malick,
Manager (CRM/HI) & CPIO.
2. The matter in the RTI-application dated 28.01.2008 of the appellant
relates to LIC Policy Numbers 510678348 and 513325152 taken out in the name
of Anandi Prasad. Appellant seems to be one of the contenders to receive the
policy amount now that the policyholder Shri Anadi Prasad died on 26.01.2007.
3. During the hearing, respondents informed the Commission that in the
matter of the same LIC policies, the actual nominee ⎯ the mother of the
deceased ⎯ and the present appellant, who is a brother of the deceased
policy-holder have both filed RTI-applications. These have reached
the Commission in second-appeals in CIC/AT/A/2008/00771 and
CIC/AT/A/2008/00770 respectively.
4. The point in all these second-appeals is allowing access to information to
the nominee as well as others who are contesting the claim of the nominee to
vital and important information held by the LIC and which is presently a subject
matter of dispute before the Court of the Additional Sessions Judge, Bihar Sharif.
It has been registered as a succession case.
5. It is the submission of the respondents that disclosure of any information
pertaining to this LIC Policy would prejudice the ongoing legal proceedings
before the Additional Sessions Judge to determine the succession to the deceased
policyholder.
6. Examined from the point of view of the RTI Act, it is seen that the
appellant is wanting to access information relating to the policy of the deceased
policyholder with which he has no ostensible relationship either as a nominee or
as an authorized successor. What he is, therefore, trying to access is clearly
information pertaining to the policy of Late Shri Anandi Prasad which was
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personal to the deceased as well as to the actual nominee of the policyholder.
This brings the matter squarely within the scope of Section 8(1)(j) of the RTI Act
and cannot be authorized to be disclosed.
7. In view of the above, the appeal cannot be allowed. Closed.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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