POOJA D/O VIRENDRA KUMAR W/O RAMESH Vs. CANARA BANK HSBC OBC LIFE INSURANCE
LAWS(NCD)-2020-2-38
NCDRC
Decided on February 07,2020

POOJA Appellant
VERSUS
Canara Bank Hsbc Obc Life Insurance Respondents

JUDGEMENT

S. M. Kantikar, J. - (1.) Both the Revision Petitions are from the orders dated 11.03.2016 and 21.04.2016 in RP 1768 of 2017 and RP 1769 of 2017 respectively of the State Consumer Disputes Redressal Forum, Jaipur whereby the appeal of the complainant was dismissed.
(2.) Facts of each case are enumerated as below: R.P. No. 1768 of 2017 The brief facts are that the father of the complainant (hereinafter referred as 'insured') had taken a policy, bearing policy number 503245877 from the OP Life Insurance Corporation (hereinafter referred as OP- LIC) , wherein the complainant was the nominee. The sum assured was Rs. 10,00,000/- and the premium payable was Rs. 5,800/- every six months. The agent of the OP had taken the signature of the life assured on a printed form and the information was noted separately. The insured deposited three premiums totaling to Rs. 17,430/- till 14.03.2012. The insured died due to heart failure on 07.09.2012. The grievance of the complainant was that the claim got repudiated on 30.03.2013 on the ground that the insured did not disclose about the pre- existing policies at the time of taking the policy in question. R.P. No. 1769 of 2017 The insured had taken a policy from the OP- Canara HSBC OBC Life Insurance (hereinafter referred as OP) bearing policy no. 0027834618, wherein the complainant was the nominee. A premium of Rs. 1,00,000/- was paid and the insured sum was Rs. 10,00,000/- . The insured died on 07.09.2012. Thereafter, the claim of the complainant was repudiated by the OP on the ground that the insured did not disclose about the details relating to pre- existing policies. Being aggrieved by repudiation by both the OPs, the complainant filed a complaint in the District Forum.
(3.) The complaint was resisted by the OPs by filing a reply. It was contended that the deceased insured did not get any of the CTMT (Cardiac TMT) tests, ECG, blood pressure etc. from the doctor appointed by the OP. More important that the deceased insured also concealed about nine pre existing policies that were taken by him from various insurance cos.;


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