Decided on December 14,2009

PUSHPA DEVI Respondents


- (1.) THIS appeal is directed against the order passed by District Forum, Kangra at Dharamshala in Consumer Complaint No. 391/2006, decided on 21.2.2009, whereby the complaint of the respondent was partly allowed and appellant alongwith its Branch Manager at Nurpur has been held entitled jointly and severelly liable to pay the insured amount alongwith all accrued benefits to the complainant within 30 days after receipt of copy of order, failing which interest @ 9% per annum from the date of complaint till its realization. Both have also directed to pay compensation of Rs. 5,000/ - to the respondent, and litigation cost of Rs. 2,000/ -.
(2.) FACTS of the case as they emerge from the complaint file are, that husband of the complainant, late Sh. Swaran Singh had taken policy No. 151122870 in the sum of Rs. 1,00,000/ - from the branch office of the appellants. During the substistence of policy, her husband expired on 30.1.2006. She being the nominee filed her claim with the respondent. This was repudiated in an illegal manner as per averments made in the complaint. In this background she filed the complaint u/s 12 of the Consumer Protection Act, 1986, for mental harassment, tension and for deficiency of service.
(3.) APPELLANT contested and resisted the complaint on the ground that the insured on the date of revival of insurance policy was not in good health and information in the proposal form was given by him since deceased/life assured had suffered head injury and remained admitted in Chikitsa Hospital, Pathankot w.e.f. 15.11.2003 to 18.11.2003, and he had also taken treatment for seizures disorders from PGI Chandigarh. As the life assured had suppressed this material information at the time of revival of policy, as such her claim was rightly repudiated consequently there was no deficiency in service as alleged by the respondent in her complaint. In support of this case, affidavit of Mr. M.L.Sharma, Manager, LIC of India, Divisional Office, Shimla was filed. Reliance on various documents viz., Insurance policy Annexure R -1, Form No. 680 Annxure R -2, treatment slip of PGI Chandigarh dated 22.8.2005 Annexure R -3, treatment slip of Chiktisa Hospital, Pathankot Annexure R -4, where the deceased remained admitted w.e.f 15.11.2003 to 18.11.2003 Annexure R -5, treatment chart of RASWAN Surgical Hospital, Pathankot was placed to the defence set out while contesting the complaint. Report of Dr. Viney Sharma, Radiologist Annexure R -5, C.T.Scan report of Choudhary Diagnostic and Research Centre, Pathankot Annexure R -6, treatment chart of Goyal Nursing Home Annexure R -7 and repudiation letter Annexure R -8 were also relied upon for the dismissal of the complaint. In addition to these documents, affidavit of Shalinder Sharma, Asstt. Branch Manager, Branch Office Nurpur, Tehsil Nurpur, District Kangra was also relied upon.;

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