MEGHARAM BIDIASAR Vs. BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA
LAWS(NCD)-2020-7-38
NCDRC
Decided on July 07,2020

Megharam Bidiasar Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents




JUDGEMENT

Prem Narain, J. - (1.) This revision petition has been filed by the petitioner Megharam Bidiasar against the order dated 12.10.2017 of the State Consumer Disputes Redressal Commission, Rajasthan (in short 'the State Commission') passed in First Appeal No.539/2017.
(2.) Brief facts of the case are that wife of the petitioner/complainant took an insurance policy from the respondent Life Insurance Corporation for sum insured of Rs.2,00,000/- and policy period was 30 years from 28.12.2013 till 28.12.2043 and the insured expired on 29.08.2015. The complainant filed a complaint before the Insurance Company. The Insurance Company appointed an investigator. It was found that the date of birth mentioned in the proposal form was mentioned on the basis of a certificate given by school. However, the certificate was found to be forged and therefore, the claim was not payable. The claim was thus repudiated and the petitioner/complainant filed consumer complaint bearing no.246/2017 before the District Forum challenging the repudiation. The complaint was resisted by the respondents/opposite parties by filing the written statement. It was stated that the certificate on which the date of birth was mentioned in the proposal form was found to be forged and therefore, the information given by the insured in the proposal form was not correct. Hence, the claim was not payable. The District Forum, however, allowed the claim and directed the respondents to pay Rs.2,00,000/- along with interest of 9% p.a. from the date of presentation of the complaint i.e. 07.10.2016. The District Forum also awarded Rs.10,000/- as compensation for mental agony and Rs.5,000/- as litigation cost. The respondent Insurance Company preferred appeal bearing no.539 of 2017 before the State Commission and State Commission allowed the appeal and quashed the order of the District Forum. The State Commission also ordered to hold an inquiry under Section 340 Cr.P.C. for offence under Sections 193, 196, 197 and 198 of IPC against the petitioner and the concerned officers who issued the Aadhar Card and Bhamashah Card.
(3.) Hence, the present revision petition.;


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