LIFE INSURANCE CORPORATION OF INDIA Vs. SUMNA DEVI
LAWS(HPCDRC)-2009-12-12
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 18,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Sumna Devi Respondents

JUDGEMENT

- (1.) THIS appeal was argued by Mr. Navlesh Verma, learned Counsel for the appellants on 30.11.2009, when the case was ordered to be listed on 11.12.2009 for orders. As order was not ready, it was ordered to be listed on 18.12.2009 for the said purpose.
(2.) MR . Verma while challenging the order passed by District Forum, Kangra at Dharamshala, Camp at Palampur, submitted that the impugned order dated 16.5.2007 passed in consumer complaint No. 351/2005 cannot be supported, much less upheld either in law or on the facts of this case.
(3.) AFTER having heard Mr. Verma we are of the view that the dispute in this complaint is within very narrow compass. Late husband of the respondent, Shri Om Prakash had obtained a insurance policy. Copy of the insurance bond is Exhibit OP -2. Its date of commencement is 28.3.2001. Sum assured was Rs. 25,000 and quarterly premium was payable on 28th March, 28th June, 28th September and 28th December. From the record it is further made out that due to non -payment of the insurance premium due and payable on 28.9.2003, 28.12.2003 and 28.3.2004 the policy had lapsed. It was only on 19.5.2004 that late Shri Om Prakash had got the policy revived when he furnished his statement Exhibit OP -3. In this statement he has answered all the queries in the negative. He died on 9.7.2004. After the death of her husband respondent lodged her claim with the appellants. Instead of paying amount, her claim was declined, vide Exhibit OP -7 on 29.9.2004, on the plea that the appellants had indisputable evidence to say that the deceased was suffering from Carcinoma Lung prior to the date of revival of the policy, but he did not disclose this fact in his personal statement, i.e. Exhibit OP -3.;


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