BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE CO LTD Vs. DALBIR KAUR
LAWS(NCD)-2020-3-51
NCDRC
Decided on March 20,2020

Branch Manager, Bajaj Allianz Life Insurance Co Ltd Appellant
VERSUS
DALBIR KAUR Respondents

JUDGEMENT

S. M. Kantikar,J. - (1.) The present Revision Petition is against the impugned Order dated 11.01.2019 of the State Consumer Disputes Redressal Commission, Punjab (hereinafter "State Commission") in First Appeal No. 392/2018, whereby the Appeal was dismissed.
(2.) Brief facts relevant for disposal of the case are that the Complainant took a policy from the OP - Ins. Co. for her son Kulwant Singh. She was the nominee in the said policy. The date of commencement of the policy was 12.08.2014. On maturity, the sum assured was Rs. 8,50,000/-, and in case of death of the insured, double the sum assured (Rs. 17 lakh) was to be paid. On 12.09.2014, Kulwant Singh, the insured, died a natural death at his residence. The insurance claim was submitted, but the OP - Ins. Co. repudiated the claim vide its letter dated 12.05.2015 on the ground of "misrepresentation of material facts" made by the insured in the proposal form, that the deceased insured actively made concealment of a pre-proposal hospitalization / treatment for vomiting of blood. Being aggrieved by the repudiation of the claim, the Complainant filed a Complaint in the District Forum, Taran Taran.
(3.) The Complaint was resisted by the OP - Ins. Co. by filing Written Version. It was contended that the assured had intentionally concealed true and correct facts at the time of answering the questions in the proposal form filled on 05.08.2014. As per a medical certificate issued by one Baba Budha Ji Charitable Hospital (where the insured was earlier admitted from 13.07.2014 to 14.07.2014), the deceased insured was suffering from vomiting of blood. Therefore, there was no 'deficiency in service' on their part.;


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