Please share the link to download the circular.

On 19/05/2013, Priyesh.C.U <[email protected]> wrote:
> hi!,requesting the same.
>
>
>
>  With best regards, Priyesh.C.U, Assistant Professor, Department of
> Politics, p.m Government College Chalakudy, Thrissur District, Kerala
> & PH.d Scholar, School of International Relations & Politics, M.G
> University, Kottayam.
> Mobile: 09846141225
> Email I D:
> [email protected]
>  Skype I D: priyesh.cu
> Facebook: priyesh cu  Follow me on Twitter: priyeshcu
> "Whenever there is
> Decline of righteousness,
> And rise of unrighteousness,
> I incarnate myself
> To protect the virtuous
> And to destroy the wicked,
> From Age to Age.
> Geeta".
>
> ----- Original Message -----
> From: "Kakarla Nageswaraiah" <[email protected]>
> To: <[email protected]>
> Sent: Sunday, May 19, 2013 9:42 PM
> Subject: Re: [AI] Views Invited: Legal issues in an insurance contract for
> people with disabilities.
>
>
>> 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 <[email protected]> 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: [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
>>>
>>> Register at the dedicated AccessIndia list for discussing accessibility
>>> of
>>> mobile phones / Tabs on:
>>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessind
>>> ia.org.in
>>>
>>>
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>>>
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>>>
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>>
>>
>> --
>> కాకర్ల నాగేశ్వరయ్య
>>
>> K. Nageswaraiah
>>
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>
>
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-- 
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