- (1.) THIS appeal is directed against the order dated 14.8.2007 passed by the District Forum. Nainital partly allowing the consumer complaint No. 94/2006 and directing the Life Insurance Corporation of India to pay to the complainant sum of Rs. 1,00,000 together with interest @ 9% p.a. from the date of filing of the complaint till the date of actual payment and Rs. 2,000 as cost of litigation.
(2.) THE facts of the case, in brief, are that the husband of the complainant Smt. Bina Joshi, had taken an insurance policy from life Insurance Corporation of India (for short "LIC"_ opposite party on his own life for a sum of Rs. 1,00,000 on 26.6.2002. The policy holder insured Sh. Suresh Chandra Joshi died on 26.3.2005 due to jaundice. The complainant submitted a claim for the insured sum, but the LIC repudiated the claim on 2005. The complainant submitted a review application to the LIC, which was pending till the date of filing of the consumer complaint. However, during the pendency of the appeal, it was told that the review application has also been rejected. During the pendency of the review application, the complainant filed the consumer complaint before the District Forum. Nainital, which was decided by the District Forum per impugned order, as stated above. Aggrieved by the said order, the LIC has preferred this appeal.
(3.) WE have heard the learned Counsel for the parties and perused the material placed on record in the light of the legal aspects of the case. The learned Counsel for the appellant -LIC contended that the primary cause of the death of the insured, as certified by the physician, were diabetes and hepatitis and Koch's Lung (T.B. Lung) and ADS and the immediate cause of the death of the insured was jaundice. The policy holder was admitted in Soban Singh Jina Base Hospital, Haldwani from 12.3.2002 to 22.3.2002 for the treatment of Diabetes Mellitus and Partial Motor Seizure. He was discharged from the hospital on 22.3.2002 and was advised to take complete rest from 23.3.2002 to 5.4.2002. The policy holder had taken medical leave for this period, i.e., from 1 2.3.2002 to 5.4.2002. The insurance policy was taken on 26.6.2002, but the deceased (policy holder) had concealed the material fact about his health in the proposal form. Since the insurance policy was taken fraudulently, the LIC has rightly repudiated the claim.;