BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. AND ORS. Vs. DALBIR KAUR
LAWS(SC)-2020-10-50
SUPREME COURT OF INDIA
Decided on October 09,2020

Branch Manager, Bajaj Allianz Life Insurance Company Ltd. And Ors. Appellant
VERSUS
DALBIR KAUR Respondents




JUDGEMENT

DR.DHANANJAYA Y CHANDRACHUD,J. - (1.)Leave granted.
(2.)This appeal arises from the judgment and order dated 20 March 2020 of the National Consumer Disputes Redressal Commission.
(3.)On 5 August 2014, a proposal for obtaining a policy of insurance was submitted to the appellants by Kulwant Singh. The proposal form indicated the name of the mother of the proposer, who is the respondent to these proceedings as the nominee. The proposal form contained questions pertaining to the health and medical history of the proposer and required a specific disclosure on whether any ailment, hospitalization or treatment had been undergone by the proposer. Column 22 required a declaration of good health. The proposer answered the queries in the negative, indicating thereby that he had not undergone any medical treatment or hospitalization and was not suffering from any ailment or disease. The declaration under Item 22(c) of the proposal form was in regard to whether any diseases or disorders of the respiratory system such as but not limited to blood in sputum, tuberculosis, asthma, infected respiratory disease or any respiratory system disease including frequent nose bleeding, fever and dyspnoea were involved. This query was also responded to in the negative. Acting on the basis of the proposal submitted by the proposer, a policy of insurance was issued by the appellants on 12 August 2014. Under the policy, the life of the proposer was insured for a sum of Rs. 8.50 lakhs payable on maturity with the death benefit of Rs. 17 lakhs.
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