CWP No.11875 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.11875 of 2008 Date of decision May 4, 2010 Banarsi Dass Singla ...... Petitioner Versus Department of Post India, Haryana Circle, Ambala-133 001 through the Chief Post Master General. ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Jai Singh Yadav , Advocate for the petitioner. Mr. Namit Kumar, Advocate for the respondents. **** 1. Whether reporters of local newspapers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. The petitioner seeks for payment of the sum assured under Post Life Insurance Policy on a condition that the expression maturity in the policy referring to life/60 years must be understood as an entitlement to receive the assured amount of the policy on completion of 60 years. The terms of the policy will themselves give an answer to whether there arises a right to an insured to demand the amount during his life time itself. The Preamble to the insurance policy which constitutes the terms reads as follows:- “Now it is hereby declared that if the insured shall pay to CWP No.11875 of 2008 2 Director General of Post and Telegraphs or the officer for the time being performing his functions or any other officer duly authorized by the President of India in this behalf, the subsequent monthly premiums as stipulated for in the said Schedule or until his death, whichever shall first occur, the President of India, shall be subject and liable to pay the sum mentioned in the said Schedule together with bonus, if any, declared by the President of India unto the Executors, Administrators or Assigns of the insured as early as possible after proof of death of the insured and title of the claimant, to the satisfaction of the Director General of Posts or the officer for the time being performing his functions or any other officer duly authorised by the President of India in this behalf as aforesaid.” The Schedule referred to in the Preamble is also reproduced: Policy No.and risk date Name of the Amount insured, class of policy HY/41115-CS BD Singla 595/- 19.9.95 LP/60 Rs.10,000/- 2.1.47 Banarsi Dass Singla 29.8.95 J.E. 29.8.95 % XEN NARDAK WATER SERVICES DN.KARNAL 19.9.95 ******49 Aug.2006 (HY) 2. As per the terms of the policy the liability to pay the premiums by the insured shall be upto the age of 60 years or upto death which ever occurs earlier. The petitioner is not liable for any premium on the completion of 60 years. However, the liability of the Post Office to make payment does not arise immediately on the payment of the last of the premia but it shall be only to the executors, administrators or assigns of the insured as early as possible after the death of the insured. This means that the entitlement to obtain the same for which the life was insured obtains only to the estate of the ensured and does not obtain the benefit to the insured during his life time. CWP No.11875 of 2008 3 3. The petitioner shall not be entitled to the relief which he is asking for in the writ petition and it is accordingly dismissed. (K. KANNAN) JUDGE May 4, 2010 archana