IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.20 of 2005 SUSHILA DEVI, wife of Late Ghanshyam Sah, Bihar State Road Transport Corporation, Camp Jail, P.O. Veterinary College, Patna, District- Patna. …………….Petitioner-Appellant. Versus 1. THE STATE OF BIHAR 2. The Administrator, Bihar State Road Transport Corporation, Sultan Palace, Patna. 3. The Deputy Chief Accounts Officer, Bihar State Road Transport Corporation, Sultan Palace Patna. 4. The Divisional Manager, Life Insurance corporation of India, Jeewan Deep, Frazer Road, Patna. ………………….Respondents. ----------- For the Appellant: Mr. Vivedkanand Pd. Singh, Advocate. For the Respondents: Mr. U.P.Singh, Sr. Advocate & Mr. Rajeev Ranjan Pd. Advocate. …………….. 9 21.6.2011 This appeal was also listed on 20.6.2011 but as no one had appeared on that date this matter is listed today under the heading for orders. The present appeal has been filed against the order dated 14.10.2004 passed in C.W.J.C. No.5703 of 2004, wherein the appellant has put forth the claim of Employee Group Insurance Scheme of her husband who died on 16.12.1998 while working as Junior Store Keeper of Central Store at Patna in the Bihar State Road Transport Corporation. The case of the Life Insurance Corporation of India is that the policy of the Employee Group Insurance Scheme of the deceased employee was expired due to non deposit of premium on 30th November, 1998 when the said employee died in harness on 2 16.12.1998. It has further been contended that the L.I.C. has already paid a sum of Rs.8,565/- to the Corporation for payment against the Group Insurance amount of the deceased employee. The learned Single Judge has directed the Administrator of the Corporation (Respondent no.2) to ensure payment of due amount of the Group Insurance within two weeks of receipt/production of a copy of the order failing which he shall be liable to pay a cost of Rs.2,000/- from his pocket. Aggrieved by the said order the present appeal has been filed. It has been contended by the learned counsel for the appellant that the premium has been paid subsequently, i.e. on 21st December, 1998 as such the scheme should be deemed as alive and therefore the L.I.C. is liable to pay the due amount under the Scheme of Group Insurance. Per contra, learned counsel appearing on behalf of the L.I.C. has submitted that there is no provision for grace period under the scheme to deposit the premium amount, hence the concerned employee is not entitled for payment of the amount under the scheme. We had the occasion to go through the condition of the agreement from which it appears that in the condition there was no grace period. We are of the opinion that as the policy was not in existence on the death of the deceased employee therefore the L.I.C. is not liable to pay the amount under the scheme. In that view of the matter, the order passed by the 3 learned Single Judge needs no interference. With the above observation this appeal is disposed of. Abhay Kumar ( T. Meena Kumari, J.) (Akhilesh Chandra, J.)