With reference to my knowledge, we don't have to pay any extra premium on
life insurance if the policy is beginning from or after 2008.
There is a letter signed by LIC for NAB to support this. Pasting below the
content of the letter converted by OCR.
Hope this helps.
Life Insurance Corporation
Actuarial department, Central Office,"YOGAKSHEMA", Jeevan Bima
Marg, Mumbai-400 021.
Tel:022-66598370/22852174,Fax:022-22028321
Ref: Actuarial /PS
14th July, 2007
Shri Ketan Kothari
Asst.Director
National Association for the Blind
Mulla House
51, Mahatma Gandhi Road
Mumbai 400 023
Dear Sir,
Re: Insurance cover to blind persons
We thank you for your letter dated 18th May, 2007 enclosing a copy of your
earlier dated 13th March, 2007.
Regarding the points raised in your enclosed letter we have to inform you as
under:
1. It is not correct that we do not allow some of our plans such as
Jeevan Anand, Jeevan Chhaya etc.to the blind persons. We do not have any
restriction with regard to plan and term for the insurance cover.
The only requirement is that the person to be insured should be gainfully
employed which is one of our basic requirement for all whether they are
disabled or not disabled.
2. It is also incorrect that Janashree Bima Yojana is not available to
the blind persons. It is a social
security group insurance scheme and provides insurance protection to persons
below poverty line and marginally above poverty line provided they are
members of the approved occupational/vocational groups.
3. It is also not correct that we charge extra premium while offering
insurance cover to the blind persons.
We hope the above clarification will serve the purpose. If you have any
further points, please write to us.
Thanking you again,
Yours faithfully,
Executive Director (ACTL)
Best Regards,
Sushmeetha B. Bubna │ Founder Director
Voice Vision
103, Synthofine Estate,' A'- Wing, Off Aarey Road, Goregaon (E), Mumbai -
400 063.
Work Phone: +91 22 40400000 │ Fax: +91 22 40400123 │ Hand Phone: +91
9820566010
Email: [email protected] │ Web: www.voicevision.in
Facebook www.facebook.com/voicevisionfans
Challenges are what make life interesting; overcoming them is what makes
life meaningful.
-----Original Message-----
From: AccessIndia [mailto:[email protected]] On Behalf
Of Amar Jain
Sent: 19 May 2013 11:47
To: accessindia
Cc: [email protected]
Subject: [AI] Views Invited: Legal issues in an insurance contract for
people with disabilities.
Dear Scholars,
I would like this discussion to be restricted to legal points, except
when other points are equally important to substantiate the answers.
If the moderator permits and other members have no objections, then I
would love to see this matter being discussed on one other group which
I think has quality experts to deal with the matter, and the group is
We The PWD. So, cross-posting permission is sought in the matter.
I have been through the judgment passed in the matter of Vikas Gupta
vs. Union of India and Anr. when it was passed, and from what I
remember that the judgment was passed in terms of postal life
insurance in which the maximum amount with which the person with
disability can be insured and additional premium being charged by the
insurer on the ground of increased risk which can be incidental cause
for insurer to undertake his liability in the event of any loss being
caused were in issue. And from what I vaguely remember, the judgment
was based on English authorities, as there was no case-law available
as far as Indian judiciary is concerned. Though I don't remember the
grounds on which the judgment was ultimately passed.
Subsequently, the postal department issued the circular / notification
(not sure what was issued), removing both the conditions.
I will also be approaching LIC for a policy in coming months, and even
my agent has told me that additional premium will be charged, and the
seniors have also told the same verbally. I have not taken up this
issue in my individual capacity yet with the corporation directly. My
questions are as below:
1. The judgment did not settle the issue at once for all. As it was a
writ petition (remedy for an individual), and it confined to the
issuance of postal life insurance. So, though the judgment can be
treated as a good precedent, and the ratio can be relied upon for
arguing cases subsequently. But, can it be said to have binding effect
on all?
2. Even if the answer is in affirmative, then on whom the judgment
will have the binding effect? (Will it be restricted to those
considered as state under Art. 12) or, even the private insurers can
be brought under the realm of this judgment?
3. Apart from the grounds of discrimination and other similar grounds
which are constitutionally available, and considering the fact that
disability (except lunacy) is no bar when it comes to contracting
capacity and insurance contract is no exception for us, how do we
practically justify that disability will not affect the risk which is
being underwritten materially in case of the happening of an event due
to disability?
Important: Can we say that in such cases the principle of causa
proxima (the immediate cause of happening of the event) will apply
while deciding whether the insured's claim is allowed or not?
4. Keeping the fact in mind that life insurance is based on human
value concept, would other insurances be governed differently?
5. Lastly, in case of a mediclaim policy, can we say that the existing
disability and its effects which may happen in general subsequently,
be excluded and all other benefits be allowed? (In such cases, the
effects should also be clearly defined when policy is being issued).
This I think should be quite a good possibility.
--
Amar Jain.
Website: www.amarjain.com
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Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of the
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through this mailing list..
