‘Missing person’s death date is day court declares so’

‘Missing person’s death date is day court declares so’

Jehangir B Gai

How is the date of presumed death to be reckoned in case of a missing person

Background: Legal heirs or beneficiaries are entitled to claim a deceased person’s property. But what happens when a person goes missing and remains

untraceable? When and how do the legal heirs claim the property?

Case Study: Jeet Singh did not return home from office on October 10, 2001. His wife, Raj Bala, lodged a police complaint stating that her husband had

been kidnapped. The police registered an FIR on November 3, 2001.

Singh had taken two insurance policies from LIC on January 20, 1999. One policy was for a sum insured of Rs 50,000, while the other was for Rs

2,00,000. Bala informed the insurance company that her husband had been kidnapped and was missing. However, the insurance company did not respond.

Meanwhile, Bala continued paying the premium for the policies. The premium for one policy was paid till January 13, 2007, while for the other till January 26,

2008.

On May 9, 2009, Bala filed a suit before the civil judge, Sonepat, for a declaration that her husband is dead and decree. The court passed an order May

21, 2010, declaring Singh to be dead and also issued a death certificate. Bala asked the insurance firm to settle the policy claims. The company sent a

cheque of Rs 10,000, which Bala refused to accept. She filed a complaint before the district forum making a grievance about the insurance company asking

her to keep paying the premium to keep the police alive.

The dispute was whether Singh should be considered to be dead on October 10, 2001, when he went missing, or when the court pronounced him dead in

its order on May 21, 2010.

The forum held that both the policies had lapsed and directed the company to pay their paid up values. Bala’s appeal to the Haryana state commission

was also dismissed. She then filed a revision before the national commission.

She argued that even the district court had held that her husband was missing from October 10, 2001, and had declared him dead as per the court’s May

2012 decree. She contended that

the date of her husband’s death should be considered to be October 10, 2001. She said there was no unpaid premium as on October 10, 2001, so she

should get the entire sum insured rather than just the paid up value.

Publication: The Times Of India Mumbai;Date: Dec 16, 2013;Section: Times City;Page: 6