(1.) This revision petition has been filed by the petitioners against the order dated 24.09.2010 passed by the learned State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. FA-08/442 LIC & Ors. Vs. Smt. Rekha by which, while dismissing appeal, order of District forum allowing complaint was upheld.
(2.) Brief facts of the case are that complainant/respondent's husband late Shri Krishan Kuma Saini (hereinafter referred to as 'Life Assured') had purchased a policy for sum of Rs. 10,00,000/- from the OP/Appellant Corporation bearing policy no. 330681753 on 28.01.2002. The life assured Shri Krishan Kumar Saini suddenly fell ill and was rushed to the Care and Cure Nursing Home, Rohini from where; he was shifted to Saroj Hospital, Rohini. Unfortunately, he died there on 12.05.2002 due to brain hemorrhage. The Respondent preferred a claim before the Appellant Corporation. The claim of the respondent was repudiated by the Appellant vide their letter dated 28.01.2003 on the ground that Life Assured suppressed information regarding his health at the time of taking the policy and concealed the fact that he was a habitual alcoholic and was a chronic smoker which was the direct cause of the death of the Life Assured. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP/petitioner resisted complaint and submitted that assured died of brain haemorrhage caused due to chronic smoking and habitual alcoholism, which fact was concealed by assured at the time of taking policy and also gave false answers in the proposal form and claim was rightly repudiated and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.10,00,000/- and Rs.1,00,000/- as compensation and Rs.10,000/- as cost of litigation. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.
(3.) Heard learned Counsel for the parties finally at admission stage and perused record.