- (1.) PANKAJ Mithal, J. The husband of the petitioner had taken an Insurance Policy No. 311438746 in his name for an assured sum of Rs. 40,000/- and was paying half yearly installments. The husband of the petitioner expired on 27-3-2005. Therefore, she made a claim under the policy. The Senior Divisional Manager, Life Insurance Corporation (hereinafter referred to as LIC) vide order dated 31-3-2006 rejected the claim of the petitioner on the ground that the above policy had lapsed for non-payment of premium and was revived w. e. f. 15-10-2004 on the strength of the statement of the insured dated 9-10-2004 which was subsequently found to be false. The said rejection order has been challenged by the petitioner with the prayer that she may be given the claim under the above policy.
(2.) SRI R. G. Padia has filed counter-affidavit on behalf of the respondent LIC to which rejoinder affidavit has also been filed. Heard learned Counsel for the parties who agree for final disposal of the writ petition at this stage itself on the basis of the above affidavits. Admittedly, the policy had been revived and it was continuing. A perusal of the statement of the insured on the basis of which the policy had been revived reveals that the statement was in the proforma prescribed and the insured was only required to answer the questions therein in 'yes' or 'no'. The questions contained in the proforma were whether the insured had suffered from any disease for which he was required medical treatment for over one week, whether any surgery has been performed upon him or he had met with an accident resulting in any physical disability of any limb. The insured had answered the above questions in the negative. The insured was not supposed to add any information in the format from his own side.
(3.) THE contention of the respondent LIC is that the husband of the petitioner was suffering from cancer for which he took treatment in a hospital for six months. This fact had been concealed by the petitioner and accordingly his statement given at the time of reviving the policy was found to be false and therefore, the claim has rightly been rejected. The petitioner has categorically denied the hospitalisation of her husband and his medical treatment for a continuous period of one week or above and also the fact that he was suffering from cancer. There is no document or material on record to even prima facie establish that the petitioner's husband was suffering from cancer or was hospitalised in connection thereto for a week or above. The medical certificate of petitioner's husband filed as Annexure C. A-3, only demonstrate that he had remained in hospital for three days from 13-9-2004 to 15-9-2004 and at the time of discharge he was referred to Kamla Nehru Hospital, Allahabad. There is no material to show that the husband of the petitioner was given any further medical treatment or that he was hospitalised subsequently. There is nothing in the said medical certificate to show or suggest that he was suffering from cancer. In the absence of any material to show that the husband of the petitioner was actually suffering from cancer and that he had remained hospitalised for six months, it cannot be said that the husband of the petitioner (insured) had made any false declaration/statement.;