LIC OF INDIA Vs. KALLA VENKATRAO
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
LIC OF INDIA
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(1.) OPPOSITE parties are
the appellants. Aggrieved by the order of the District Forum,
Vizianagaram, in O.P. No. 83/97, dated 23.9.2002, the present appeal has
been filed. The factual matrix leading to the filing of the appeal are
set out as hereunder:
Complainant is the husband of Kalla Adilakshmi, who took three insurance policies i.e., one for Rs. 25,000/ - and one for Rs. 50,000/ - and the other for Rs. 20,000/ - respectively with bearing Nos. 690503908, 690714133 and 690688292. In the above three policies, the name of the complainant is noted as nominee and the wife of the complainant paid the premiums without any default. On 13.3.1995 at 9.20 p.m. the wife of the complainant died due to abdominal pain. The complainant being the nominee, sent all the relevant documents and claimed the amount under the policies. By a letter dated 30.3.1996 the third opposite party repudiated the policy amounts stating that the insured has suppressed material information with regard to her health condition. The complainant approached the District Forum seeking for appropriate relief.
(2.) OPPOSITE parties 1, 2 and 4 remained ex parte. The third opposite party alone filed a counter denying the averments made in the
complaint. However, the third opposite party admitted the factum of
insurance and contended that in the declaration made the deceased did not
disclose about the T.A.H. operation and hence sought to justify the
(3.) BASES on the pleadings and Exs. A -1 to A -6 and B -1 to B -7, the District Forum found that there is deficiency of service on the part of
opposite parties and allowed the complaint directing the opposite parties
to pay a sum of Rs. 95,000/ - payable under three policies with interest
at 9% p.a. from the date of repudiation till the date of realisation and
also costs of Rs. 500/ -. The District Forum also fixed Advocates fee at
Rs. 2,000/ -.
Aggrieved by the said order, the present appeal has been filed.;
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