LIFE INSURANCE CORPORATION OF INDIA Vs. NIRMLA SHARMA
LAWS(HPCDRC)-2009-10-1
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 29,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Nirmla Sharma Respondents

JUDGEMENT

CHANDER SHEKHAR SHARMA,MEMBER - (1.) THIS appeal is directed against the order of District Forum, Kangra at Dharamshala, in Consumer Complaint No. 318/2006, decided on 29.11.2008 whereby the complaint of the respondent was allowed and the appellants were directed to release the death claim of the respondent under policy No. 150736845 existing in the name of Ishwar Kumar along with all benefits within 30 days from the receipt of copy of the order, failing which appellants were directed to pay interest @ 9% per annum from the date of the complaint till its realization. Appellants were also directed to pay Rs. 10,000 as compensation to the respondent along with cost of litigation quantified at Rs. 2,500.
(2.) FACTS of the case as they emerge from the record are, that husband of the respondent deceased Ishwar Kumar had taken insurance policy from the appellants in the year 1999 for a sum of Rs. 1,00,000 under plan and term 123 -12 with DAB which was revived by the deceased Ishwar Kumar in the year 2004. Averments in the complaint were that at the time of either getting insured or at the time of the revival of the policy, her husband (deceased) never suffered from any disease. Husband of the respondent expired on 13.9.1995. Thereafter respondent approached the appellants for release of death claim under policy, with all benefits. Appellants rejected the claim of the respondent. In this background she filed complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the appellants.
(3.) APPELLANTS contested and resisted the complaint on the plea, that the deceased insured had suppressed material information relating to the fact of suffering from cirrhosis of liver at the time of revival of policy. During the investigation got carried out by them after receiving the information of death of life assured, (deceased) this fact came to light. Not only this, but he was suffering from cirrhosis of liver with decompositions (jaundice) with coma grade IV, as such the appellants were justified in repudiating the claim of the respondent. Respondent also filed rejoinder to the reply filed by the appellants, wherein the version stated in the complaint were reiterated.;


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