- (1.) THIS appeal is directed against the order dated 18.3.2010 of District Consumer Disputes Redressal Forum, Durg (hereinafter called as "District Forum" for short), in Complaint Case No. 145/2009, whereby the appellants herein/ Life Insurance Corporation of India (herein after called as "Insurance Corporation" for short), have been directed to pay Rs. 5,00,000 to the respondent/complainant on account of death of Krishna Avtar Pandey during subsistence of the life insurance policy, along with Rs. 5,000, as compensation for mental agony and Rs. 1,000 as cost of litigation. It has further been directed to pay this amount within two months, otherwise the amount will be payable with interest @ 6% p.a.
(2.) THE facts of the case in nut shell are that husband of the respondent/complainant Krishna Avtar Pandey, obtained two insurance policies on his life, each of Rs. 2,50,000 in the month of May, 2006. He died on 28.9.2007 on account of disease of Cancer. A claim was preferred by the respondent/complainant to the appellants, which was repudiated by the appellants/Insurance Corporation on the ground that deceased was suffering from Carcinoma of Neck, prior to the date of making proposal for the insurance and had deliberately suppressed the material fact of his earlier illness and, therefore, the benefit under the insurance policies were not payable to the respondent/complainant.
(3.) THE defence of the Insurance Corporation was that in the Certificate of Dr.Amin R.Virani, said to have been issued on 29.4.2006 description of problem of deceased were noted and the diagnosis has also been noted with recommendation for surgery. As per the case of the complainant, the said Dr.Amin R.Virani was consulted in the month of November, 2006 and then he issued that Diagnosis Slip -cum -Treatment Card. Where as, allegation of the appellants was that the husband of complainant was examined on 29.4.2006 by the said doctor. Thus, controversy between the parties hinges around the question that whether the deceased was examined by Dr. Amin R.Virani on 29.4.2006 on account of complaint of left neck swelling for three weeks, which has been diagnosed as HTN/Meta Static Squamous Cell CA (Carcinoma) and whether surgery was advised at that time. Learned District Forum did not agree with the defence of the appellants/Insurance Corporation and allowed the complaint.;