S.C.VYAS,PRESIDENT (ORAL) - (1.) THIS is an appeal filed by the complainant whose Complaint Case No. 252/07 has been dismissed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) vide order dated 2.7.2007.
(2.) HUSBAND of the complainant late Suresh Pratap Singh obtained seven insurance policies and few other policies from Life Insurance Corporation of India (hereinafter "Insurance Corporation" for short) on his life. He died. Claim was preferred by the complainant before Insurance Corporation, which was repudiated by the Insurance Corporation in respect of seven insurance polices which are in dispute in this case, on the ground that material fact in respect of other previous policies was concealed by the insured at the time of making proposal for insurance, and therefore, the insurance contract has become void. Then complaint was filed, which was considered by the District Forum and ultimately dismissed, agreeing with the defence of the Insurance Corporation.
(3.) LEARNED Counsel for the appellant submitted that no fact was suppressed by the insured from the Insurance Corporation and it was the agent of the Insurance Corporation who filled the proposal form and, who had not filled information regarding previous policies in such policies. In this regard reliance has been placed on the judgment of M.P. State Consumer Commission in the case of Bhawan Singh S/o. late Bachhu Singh v. Manager, Life Insurance Corporation of India and Others, 2006 (1) CLCC 170. Learned Counsel for the respondent supported the impugned order of the District Forum and submitted that the question in controversy in the present appeal has earlier been dealt with by this Commission in the case of Branch Manager L.I.C. India and Anr. v. Smt. Seema Agrawal and Ors., decided on 14.1.2007 in Appeal No. 148/2007. It has been submitted that on similar facts the repudiation of claim of the complainant by the Insurance Corporation was found appropriate and therefore, the award by the District Forum was set aside. He submitted that looking to the opinion of this Commission in the earlier case, this appeal has no force.;