LIFE INSURANCE CORPORATION OF INDIA Vs. SUNITA
LAWS(NCD)-2020-3-20
NCDRC
Decided on March 12,2020

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
SUNITA Respondents

JUDGEMENT

S. M. Kantikar, J. - (1.) This Revision Petition has been filed against the order dated 27.07.2017 of the Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter "State Commission") in First Appeal No. 122/2016, where the appeal was dismissed and the order of the District Forum in Complaint No. 230 of 2014 was affirmed .
(2.) Briefly stated the facts that the deceased insured (husband of the complainant no.1) took an insurance policy on 28.03.2013 from the OP covering all diseases and injuries. The assured got admitted in the hospital on 03.05.2014. He was admitted in the hospital for severe abdominal pain and vomiting. He was suddenly declared dead on 01.06.2014 due to cardiac arrest. The wife of deceased Smt. Sunita - complainant no. 1 lodged an insurance claim with the OP. The claim was repudiated by OP vide letter dated 26.09.2014 on the ground that the assured died due to self-afflicted injuries or conditions (attempted suicide), and/or the use or misuse of drugs or alcohol. Being aggrieved, the complainants filed a complaint in the District Forum, Jhajjar.
(3.) The complaint was resisted by the OP 2 (LIC) by filing a written statement. The LIC agent was made an unnecessary party, same was deleted from the array of parties. The LIC contended that the repudiation was justified. It was done on the basis of reason in the prescription slip of the doctor at Siwach Hospital who mentioned about a history of chronic alcohol intake by the deceased insured. It was one of the self-afflicted injuries or conditions or use or misuse of any drugs or alcohol. Therefore, there was no deficiency in service on the part of the OP 2 (LIC).;


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