LIFE INSURANCE CORPORATION OF INDIA Vs. MITHLESH AND ORS
LAWS(DELCDRC)-2009-1-12
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 22,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Mithlesh And Ors Respondents

JUDGEMENT

- (1.)VIDE this appeal filed under Sec. 15 of the Consumer Protection Act, 1986 the appellant has challenged the impugned Order dated 26 -05 -2005 passed by the District Forum, whereby the appellant company was directed to release all the funds, under Policy No. 121728672 in the name of Shri Prem Prakash Raghav, to the respondent being his nominee and also to pay interest @ 6% from 17 -01 -2005 till realization of the amount and pay Rs.2,000/ - towards cost of litigation, for wrongly repudiating the claim of the respondent on the premise that the deceased insured concealed the factum of his suffering from the disease in question while filling up the proposal form as he was found to be a chronic case of renal failure and committed breach of good faith and was, therefore, not entitled for any benefit arising out of the policy.
(2.)RELEVANT facts that led to the impugned Order in brief were that on 28 -06 -2001 the respondent's husband took a life insurance policy No. 121728672 for an insured amount of Rs. 1.00 Lac and paid all the premiums as per schedule. He died on 26 -11 -2002 and consequently the respondent filed a claim before the appellant insurance company but the same was repudiated by the appellant company on the ground of concealment of material information in respect of his health. Feeling aggrieved, the respondent filed the instant complaint before the District Forum seeking relief.
(3.)IN its defence the respondent pleaded that the claim was rightly repudiated on account of concealment of material facts by the assured at the time of filling up the proposal form.
We have perused the impugned Order closely. The District Forum rightly formulated the question for determination as to "Whether the assured gave correct information or concealed material information as to the state of his health while obtaining the insurance policy - Before the District Forum the appellant filed a discharge summary Ex. RW1/A and B and no other documents to show that the life assured was under treatment for renal problem since 1996 and while taking the policy in the year 2001 did not provide this information and thus the doctrine of good faith is available to the appellant.



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