ZONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA Vs. SUDESH KUMARI W/O LATE KASHMIR SINGH
LAWS(HPCDRC)-2010-4-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 27,2010

Zonal Manager Life Insurance Corporation Of India Appellant
VERSUS
Sudesh Kumari W/O Late Kashmir Singh Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties, and with their assistance we have also examined the record of the complaint file.
(2.) DISTRICT Forum below has fallen into error while allowing Consumer Complaint No. 336/2006, on 25.3.2009, per Mr. Verma, learned counsel for the appellants, while issuing direction to his clients holding them jointly and severally liable to indemnify the respondent for the sum insured, accrued policy benefits within 30 days after receipt of copy of the said order, failing which the amount would carry interest @ 9% per annum from the date of complaint, till its realization. Grant of compensation, besides cost of litigation also needs to be set aside per him. In this behalf he drew our attention to the certificate issued by the employer of the deceased, life assured -Sh. Kashmir Singh, husband of the respondent, vide Annexure RW -3. Its perusal shows that from 7.7.2000 to 28.10.2002 the deceased had availed earned leave on the ground of his sickness as under : - JUDGEMENT_2_LAWS(HPCDRC)4_2010.htm x x x x x
(3.) BESIDES this document, Sh. Verma also referred to the affidavit of a Dr. Parkash Chand, RMP, under whose treatment deceased was throughout when he was on earned leave on account of his sickness right from 7.7.2000 till 13.3.2004. Sh. Verma also drew our attention to Annexure RW -1, the proposal form signed by the deceased at the time of obtaining insurance policy, and he pointed out that the deceased had given incorrect answers to personal history, ( regarding his state of health), as well as the leave availed by him in Column Nos. 10 and 11 of the proposal form. All these pleas were seriously contested and resisted by Sh. Thakur, learned counsel for the respondent. He submitted that the perusal of the certificates issued by the Doctor under whose treatment the deceased -Kashmir Singh was, shows that he was having jaundice, diarrhea and sometime diarrhea with fever. Therefore according to him none of these diseases were of such nature which may call for interference with the impugned order. Sh. Thakur also submitted that assuming without admitting what was urged on behalf of the appellants to be correct, fact remains that there was no nexus between the cause of death and alleged diseases due to which the deceased was suffering prior to obtaining insurance policy on 13.3.2003. Therefore, according to Sh. Thakur this appeal deserves to be dismissed by upholding the impugned order and he prayed for accordingly.;


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