- (1.) THIS appeal is directed against, order dated 16.3.2012 of District Consumer Disputes Redressal Forum, Jashpur Nagar, Jashpur (C.G.) (hereinafter called 'District Forum''for short), passed in Complaint Case No. 15/2012, whereby the complaint of the appellant herein, claiming the sum assured under life insurance policy obtained by deceased Shri Bheem Saurya from the respondent/Life Insurance Corporation of India, along with interest and compensation for mental agony, has been dismissed on the ground that the deceased was guilty of suppression of material fact at the time of making proposal for the insurance and so, no amount is payable to the complainant.
(2.) VERY briefly stated, the facts of the case are that, Shri Bheem Saurya, during his lifetime obtained an insurance policy of Rs. 50,000 from the respondent on his life under Table No. 180 -12, on 21.3.2007 and paid annual premium of Rs. 5,000. Prior to that, on 6.1.2003, the complainant was adopted by him and an Adoption Deed was executed in presence of the witnesses. In the proposal for the insurance policy, the name of the complainant was mentioned as son of Shri Bheem Saurya. Later on, the insured died on 1.5.2009. The complainant preferred a claim before the respondent seeking sum assured. The claim was repudiated by the respondent on the ground that deceased has concealed this fact that the complainant/appellant was taken on adoption by him. It has been averred in the written version by the O.P. /Life Insurance Corporation of India that in the proposal form, it was mentioned that deceased was the son of the proposer, whereas the caste of the insured, as well as that of the complainant were different and when inquiry was conducted by the respondent/Life Insurance Corporation of India, then it was found that false information was given by the deceased insured in the proposal form and, so, insurance contract had become void.
(3.) LEARNED District Forum has taken into consideration this defence of the respondent and other material available on record and by the impugned order, dismissed the complaint. We have heard arguments advanced by both parties and perused record of the District Forum.;