K.D.SHAHI,PRESIDENT - (1.) THIS is an appeal against the order dated 10.6.2003 passed by the District Forum, Nainital whereby the complaint of the complainant was allowed against the appellant, LIC.
(2.) THE brief facts of the case are that Sh. Pramod Kumar Singh had got a policy of Rs. 1,00,000/ -. He died on 11.8.1995 all of a sudden. On the claim, it was repudiated on the ground that he has suppressed the material fact regarding his illness at the time of taking of the policy. The policy was taken on 28.12.1994. The insured died on 11.8.1995. An investigation was made in the matter by the LIC and it was found that Sh. Pramod Kumar Singh has taken leave on the ground of illness. The details of such leave have also been given in the judgment passed by the learned Forum. On this ground of suppression of material fact, the claim was rejected.
(3.) THE learned Forum took the evidence of the parties and decided that the leave has been taken in routine manner. There is no evidence of any illness, treatment, etc. and, therefore, it cannot be said that any fact was suppressed deliberately. It is also alleged in the complaint that the authorized agent of the LIC has filed in the proposal form. He did not make any inquiry from the insured and he furnished the details out of his own, therefore, there is no question of any suppression. In the grounds of appeal, a plea has been taken by the appellant that agent is the agent of the insured, he is not the agent of LIC and, therefore, there is no liability of the Insurance Company if the agent of the insured has not disclosed the true facts.;