Hon'ble Surendra Kumar, Acting President - (1.) THIS As an appeal against the order dated 22.9.2004 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant was allowed for a sum of Rs. 1,50,000/ - along with interest @ 8% and costs of Rs 1,000/ -.
(2.) THE brief facts of the case are that the husband of the complainant namely Sri Amarnath Kamra had got three policies. Policy No. 240142536 for Rs. 50,000/ - policy No. 240520528 for Rs. 1,00,000/ - and policy No. 220022913 for Rs. 25,000/ -. It is alleged that the husband of the complainant died on 5th April 2001. The payment of policy No. 220022913 of Rs. 25,000/ - was made by the opposite party. The opposite party gave consent for Rs. 17,000/ - for policy No. 240142536 and the claim of policy No. 240520528 was repudiated on the ground that the insured was suffering from diabetes. It is alleged that the claim of the two policies has been repudiated without any reason. Therefore the complaint filed the complaint. The Appellant filed written statement and admitted that the insured had taken three policies. The payment of Rs. 25,000/ - has been made. In additional pleas, it is pleaded that the insurance is a contract of utmost good faith. The insured took treatment in Tomar Hospital Bareilly, which was not disclosed at the time of insurance. The payment of policy No. 220022913 was made because the said policy had run for 3 years while the other two policies were done before 2 years 9 months 7 days & 1 year 3 months 20 days respectively.
(3.) THE complainant filed her affidavit and alleged that before insurance, the insured was medically examined by the doctor of the insurance company and the doctor found that the insured was not suffering from any disease. The Learned Forum after taking the evidence of the parties and hearing them allowed the complaint against which order the present appeal has been filed.;