LIFE INSURANCE CORPORATION OF INDIA Vs. KANTA DEVI
LAWS(HPCDRC)-2009-1-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 01,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
KANTA DEVI Respondents

JUDGEMENT

ARUN KUMAR GOEL - (1.) HEARD learned Counsel for the parties and with their assistance have also examined the record of the complaint file.
(2.) IN support of this appeal only ground pressed into service was that the deceased was suffering from cancer and he died as result thereof. With a view to support this submission, learned Counsel for the appellant referred to Annexure R.VII, Confidential Claim Enquiry Report carried out by the appellant in which there is mention of the deceased suffering from throat infection and for it being treated at I.G.M.C. and also at P.G.I. The person who carried out this Confidential Enquiry Report has clearly mentioned that he has scanned the record of the District Hospital, Bilaspur, from 1.1.2002 to 31.5.2003, there is no record of the treatment of the deceased at District Hospital. Further according to him, life -assured died due to some disease. He has desired that claimant should be asked to submit the certificate of hospital treatment and the claim is to be considered on the basis of the record of the Hospital from I.G.M.C., Shimla and P.G.I., Chandigarh.
(3.) RELIANCE regarding state of health of the deceased was placed on what had been averred by late Shri Raj Pal Mahajan, life -assured, in Col. No. 11(ka) to (yan) of Proposal for Insurance. Thus this was a clear cut case of suppression of material facts regarding his state of health. It is well settled by numerous decisions of the National Commission that there are number of ailments which are such in character that non -disclosure thereof will not authorize the appellant to repudiate the insurance claim. Reason being that such ailments may be of insignificant nature and character. Some of those may be clinical only whereas other may be symptomatic. Moreover, this question has been set at rest by the decision of the National Commission by its three -Members Bench in Revision Petition No. 2049/2006 titled Smt. Santosh Kanwar v. Life Insurance Corporation of India, IV (2008) CPJ 19 (NC), dated 9.9.2008. Besides what has been stated hereinabove, on the record of the District Forum below, there is enough material to suggest that the deceased at best can be said to be suffering from some throat infection. Whether it was cancerous or not, there is no material on record. In case appellant wanted to set out a defence based on deceased suffering from cancer at the time of insurance, then it was for the appellant to have placed acceptable and legal evidence in support of their plea.;


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