LIFE INSURANCE CORPORATION OF INDIA Vs. ZAYADA BEGUM
LAWS(UTNCDRC)-2004-6-1
UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 10,2004

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
ZAYADA BEGUM Respondents


Referred Judgements :-

NEW INDIA ASSURANCE CO LTD VS. P P KHANNA [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal against the order dated 4.9.2003 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant for recovery of insured amount on death of her husband was allowed.
(2.)THE brief facts of the case are that Sh. Sayyad Abid Ali, husband of the complainant had taken a life insurance policy on 28.2.1999 for a sum of Rs.50,000/ - (Rupees fifty thousand ). He has been paying premium regularly. On 21st April, 2000, Sh. Sayyad Abid Ali for the first time felt cough and fever and he was shown to T. B. Officer, Pilibhit. He was informed that he was suffering from T. B. from last one year. The victim was advised to be admitted in T. B. Hospital, Bhawali, where on 13.3.2001 he was admitted. On 24.3.2001 he died. It is alleged that for the first time on 21.4.2000, the complainant or her husband could know that the victim was suffering from T. B. from last one year. It is said that the insured did not know about his illness earlier. After the death of the victim, the complainant lodged the claim with the Insurance Company. It was repudiated on the ground that the victim has knowingly suppressed material fact at the time of taking the policy, therefore, she filed a complaint before the learned Forum.
(3.)THE opposite party filed written statement and admitted the insurance. It is further admitted that the insured died on 24.3.2001. It is stated that it is incorrect to say that the complainant or victim knew about the illness for the first time in March, 2000. He was suffering from the disease before 2 and a half years of taking the policy. It is said that the victim died only after 1 year 11 months and 23 days of taking the policy and Dr. Manoj Upreti of T. B. Hospital, Bhawali has specifically reported that the victim was suffering from this disease before 2 and a half years. This fact has been suppressed, therefore, the claim has rightly been repudiated.
After taking the evidence of the parties and hearing them, the learned Forum held that there was no evidence that the victim was suffering from this disease before 2 and a half years and it has been knowingly suppressed at the time of taking the policy. The learned Forum further held that the papers filed by the doctor cannot be admitted in evidence for want of affidavit by him. It further held that at the time of taking the policy the doctor of the Insurance Company has specifically reported that the insured was healthy. He did not report about any disease. Therefore, the Insurance Company cannot take the shelter that the insured was suffering from any disease. On evidence and merit, the learned Forum allowed the complaint. Against which order the present appeal has been filed.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.