S.C.VYAS, J. - (1.) THIS appeal is directed against, order dated 6.9.2011 of District Consumer Disputes Redressal Forum, Korea, Baikunthpur (C.G.) (hereinafter called District Forum for short), passed in Complaint Case No.21/2010, whereby the complaint of the complainants respondents, for seeking sum assured under five insurance policy from the Life Insurance Corporation of India hereinafter called Insurance Corporation for short), has been directed to pay sum assured under these insurance policies to the complainant respondents within a period of two months from the date of order, alongwith interest at 6% p.a. for a period of one year. It has further directed to pay Rs.2,000 as cost of litigation.
(2.) UNDISPUTEDLY , Shri Kameshwar, who was husband of the respondent No.1 and father of respondent Nos.2, 3 & 4, purchased five insurance policies from Insurance Corporation respectively for sum assured Rs.3,00,000, Rs.50,000, Rs.1,00,000, Rs.35,000 and Rs.55,000. He died on 26.2.2009 and then the respondent/complainant preferred claim before Insurance Corporation for payment of sum assured under those policies. The Insurance Corporation repudiated the claim on the ground that deceased insured suppressed some material information, while making proposals for insurance cover and therefore, the complainants/respondents are not entitled to get the sum assured. Feeling aggrieved by this letter of repudiation, consumer complaint was filed before District Forum, in reply of which also it has been averred by the Insurance Corporation in the written version that deceased was suffering from Chronic Alcoholism and Osteomylitis diseases since a date prior to the date of making proposals for insurance cover. He also remained on leave for many days on medical ground prior to the date of making proposal for the insurance. He deliberately suppressed this material information while making proposals for the insurance cover and thus, was guilty of suppression of material information and so the respondents/ complainants were not entitled of getting any benefit under the insurance policies, which were obtained by the deceased by breach of confidence with the insurer and by suppressing material information.
(3.) LEARNED District Forum, after having considered the material placed before it by both parties did not agree with the defence taken by the Insurance Corporation and allowed the complaint by the impugned order. We have heard the arguments advanced by both parties and perused record of the District Forum.;