- (1.) THIS appeal is directed against order dated 08/07/2008 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called as "District Forum" for short), in Complaint Case No.351/2007, whereby the complaint of the appellant herein, claiming benefits of the Insurance Policy, has been dismissed, on the ground that a false declaration was made by the deceased insured, at the time of making proposal for the policy.
(2.) IT is not in dispute that husband of the appellant herein namely Ashok Champatro Thakre, has obtained an Insurance Policy of Rs.3,36,367/ -from the respondent to protect Home Loan obtained by him. The deceased insured had applied for the policy in the month of November, 2004 and then he had died on 10.4.2006. Claim in respect of benefits of the policy, was preferred by the appellant herein, being Legal Representative of the deceased insured, which was repudiated by the Insurance Company, on the ground that material fact regarding illness, was suppressed by the deceased insured at the time of making proposal for insurance.
(3.) THE contention of the complainant/appellant before the District Forum was that the deceased was not suffering from any -major serious disease and had not suppressed any material fact and the Insurance Company, had repudiated the claim of the appellant without any valid ground. Whereas, the Insurance Company in its reply had averred that the deceased was suffering from Generalized Tonic Clinic Seizures (hereinafter called as "GTCS" for short), which is a form of Stroke and he was not enjoying good health and already had two episodes of the GTCS prior to making proposal for the insurance. Thus, material facts regarding health were suppressed by the deceased insured and then insurance policy was obtained on the basis of false declaration, so no amount is payable under the Insurance Policy. Learned District Forum, agreed with the defence taken by the Insurance Company and dismissed the complaint of the appellant herein.;