Y VIJAYA LAKSHMI Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(APCDRC)-2004-4-2
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 23,2004

Y Vijaya Lakshmi Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

- (1.) THESE two appeals are filed by the complainant aggrieved by the orders by the District Forum -II, Hyderabad in C. D. Nos.32 and 36 of 1999 dated 28.6.2001. Since both these appeals are arisen out of a common order and the complainant is also common in both the appeals, they are disposed of by this common order.
(2.) THE factual matrix leading to the filing of these appeals are set out as hereunder: the complainant is the wife of late Y. Suryakant Reddy who took two insurance policies, one for Rs.1 lakh under Policy No.640600134 dated 29.3.1990 which has expired and revived on 31.1.1995 by paying Rs.24,712/ - and another policy bearing No.641509210 on 15.11.1994 which came into effect from 28.11.1994 for Rs.50,000/ -. The insured died on 18.3.1996. The complainant submitted all the documents to the opposite party seeking to settle the amounts under the two policies. The opposite party by their letter dated 31.3.1997 repudiated the claims under both the policies on the ground that the insured suppressed the information regarding his health condition at the time of affecting the issuance of the policy in November, 1994 and reviving the same in January, 1995. The complainant states that the insured was not suffering from any disease much less any deadly disease at the time of issuance of the policy or reviving the first policy and the question of suppressing any material particulars regarding the personal health did not arise and the repudiations is illegal and unjust and amounts to deficiency in service. The complainant, therefore, approached the District Forum seeking a direction to the opposite party to pay to the complainant in C. D. No.32/1999 a sum of Rs.50,000/ - under the policy No.641509210 with interest and compensation and also direct the opposite party in C. D. No.36/1999 to pay to the complainant a sum of Rs.1 lakh under Policy No.640600134 with interest and compensation.
(3.) THE opposite party resisted the claim on the ground that the husband of complainant did not reveal that he was suffering from cancer of colon and was admitted as in -patient in Hyderabad Nursing Home on 13.8.1994 and was treated on 22.8.1994 for 'recurrency CA -colon' which started in November, 1993 and that he was operated on 14.8.1994 for carcinoma colon. Hence the opposite party repudiated the claim under the two policies by their letter dated 31.3.1997. On behalf of the complainant Exs. A -1 to A -15 and on behalf of the opposite party Exs. B -1 to B -15 are marked. The District Forum while holding that the Insurance Company has discharged its burden in establishing the requirements laid down under Sec.45 of the Insurance Act, has dismissed the complaints by showing all sympathy to the complainant whose husband passed away at the age of 36 years.;


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