URVASHI Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(RAJCDRC)-2006-4-2
RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 26,2006

URVASHI Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents




JUDGEMENT

- (1.)THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant -complainant against the order dated 23.12.2002 passed by the learned District Forum, Jaipur -II, Jaipur in Case No. 412/2001 by which the complaint filed by the complainant -appellant under Section 12 of the Act of 1986 was dismissed.
(2.)IT may be stated here that the complainant -appellant had filed a complaint under Section 12 of the Act of 1986 before the District Forum, Jaipur on 7.6.01 stating inter alia that on 31.5.1999, her husband Jai Kishan (hereinafter referred to as "the deceased") had taken insurance policy bearing No. 191723009 for Rs. one lac from the respondents and premium of the said policy was being regularly made by the deceased. It was further stated in the complaint that on 28.5.2000, the deceased suddenly fell ill and he was having severe fever and, therefore, he was got admitted in SMS Hospital, Jaipur, where he died on 29.5.2000. Thereafter, a claim was preferred by the complainant -appellant being wife and nominee of the deceased before the respondents, but that claim was repudiated by the respondents through letter dated 28.3.2001 stating inter alia that, deceased was patient of AIDS prior to taking the policy in question and this fact was not disclosed by the deceased in his proposal/declaration form which was filled in up by him on 31.5.1999 and thus, deceased had made incorrect statement and withheld correct information regarding his health at the time of taking policy in question. Thereafter, the present complaint was filed.
(3.)A reply was filed by the respondents and the respondents took the same plea which was taken by them in the repudiation letter dated 28.3.2001. It was further submitted by the respondents that the deceased was got admitted in SMS Hospital, Jaipur on 28.5.2000 where he died on 29.5.2000 from the disease of AIDS and thus, since deceased had died on the next day, therefore, he was aware of the fact that he was suffering from the disease of AIDS and this fact was deliberately and intentionally not disclosed by him in his declaration/proposal form dated 31.5.1999 and hence, on ground of suppression of material facts regarding health by the deceased, the claim of the complainant -appellant was rightly repudiated by the respondents through letter dated 28.3.2001 and the present complaint deserves to be dismissed.
After hearing the parties, the learned District Forum, Jaipur -II, Jaipur through order dated 23.12.2002 dismissed the complaint of the complainant appellant holding inter alia that the respondents were right in repudiating the claim of the complainant -appellant and there was no deficiency in service on the part of the respondents while repudiating the claim of the complainant -appellant.



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