LIC OF INDIA Vs. KALPANA RAJENDRA CHAVAN

JUDGEMENT

(1.) The above said three first appeals have been filed under Section 19 of the Consumer Protection Act, 1986 against common order dated 11.12.2013 passed in Complaints case No. CC/12/15, CC/12/16 and CC/12/17 by Maharashtra State Consumer Disputes Redressal Commission, Mumbai ( in short, 'the State Commission') whereby the State Commission partly allowed the complaints.

(2.) The relevant facts for the disposal of the appeals are that Shri Rajendra Chavan (since deceased), (hereinafter referred as 'the life assured'), husband of the complainant, took several life insurance policies from LIC of India/OP although the present case relates to three of these policies only. During the subsistence of the policies, the life assured died on 6.9.2010 due to oral cancer. The death claim was submitted to the OP/LIC but the claim was repudiated by the OP/LIC on the ground that the life assured suppressed the material facts about the habit of Gutkha chewing for the last 14 years and also did not disclose dyspepsia which he was suffering prior to filling of the proposal form.

(3.) Aggrieved by unlawful repudiation and the arbitrariness of the OP/LIC, the complainant filed three separate complaints before the State Commission. The State Commission after considering the evidence, partly allowed the complaints No. CC/12/15, CC/12/16 and CC/12/17 and by a common order passed the following directions:-