LIFE INSURANCE CORPORATION OF INDIA Vs. JAIMANTI SHARMA W/O LATE BALKISHAN SHARMA AND ORS
LAWS(HPCDRC)-2009-12-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 11,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Jaimanti Sharma W/O Late Balkishan Sharma And Ors Respondents

JUDGEMENT

- (1.) DISTRICT Forum Shimla, Camp at Nahan has allowed Complaint No. 163/2003 filed by the respondents vide impugned order dated 5.9.2007, hence this appeal. While allowing the complaint, appellants have been directed to pay Rs. 1 lac alongwith vested bonus and interest on the amount payable to the respondents @ 9% per annum with effect from the date of filing of the complaint, i. e. 10.1.2004 till the payment was actually made. Appellants have also been directed to pay cost of Rs. 2500/ -. They have further been directed to pay the amount within 45 days of the receipt of certified copy of the order passed by the District Forum below.
(2.) RECORD of the complaint file shows that late Shri Balkishan Sharma husband and father respectively of the respondent Nos. 1 and 2 had obtained an insurance policy in the sum of Rs 1 lac. Policy bond is Annexure RW/1. This was preceded by proposal form Annexure RW/2. Its date is 30.3.1998, whereas the policy bond was to commence from 28.3.1998.
(3.) LIFE assured, i. e. late Shri Balkishan Sharma died on 16.9.1998. Both the respondents as legal representatives of the deceased life assured, lodged claim for being reimbursed in the sum insured. Needful was not done, to the contrary their claim was repudiated vide Annexure RW/4, dated 31.1.2001 on the ground that the deceased having withheld material information regarding his health at the time of effecting the insurance with the respondent. Further according to the appellants answers given by the deceased were false, as they had undisputable proof to show that about 3 months before he proposed for the insurance policy, he had suffered from throat cancer for which he had consulted a medical man and had also taken a treatment six months before his admission in the Indira Gandhi Medical College and Hospital on 28.6.1998. He remained in the Hospital from 28.6.1998 to 14.7.1998, but he had not disclosed these facts in his proposal/personal statement. In view of the aforesaid background alleging deficiency in service complaint was filed before the District Forum below against the appellants. It was contested by the appellants on the same grounds on which the claim was repudiated.;


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