Dear Madam,
If possible, please upload the PDF version of the letter to any of the
file-sharing sites.
Thanks and regards.


On 5/19/13, Sushmeetha <sushmee...@voicevision.in> wrote:
> 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:  sushmee...@voicevision.in  │  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:accessindia-boun...@accessindia.org.in] On Behalf
> Of Amar Jain
> Sent: 19 May 2013 11:47
> To: accessindia
> Cc: amarjain2...@gmail.com
> 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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-- 
కాకర్ల నాగేశ్వరయ్య

K. Nageswaraiah

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