- (1.) L .I.C. of India has come up before us, by way of this appeal, challenging order dated 13/8/09 of District Consumer Disputes Redressal Forum, Korba (hereinafter called as "District Forum" for short), in Complaint Case No.28/2001, whereby it has been directed to pay Rs. 1,60,000/ -, along with interest @ 6% p.a. w.e.f. 7.4.2004 and also to pay Rs.1,000/ -. as cost of litigation to the respondents.
(2.) FACTS of the case are that husband of respondent No.l, who was father of respondent No. 2 and 3, Mr. Narsaiyya, was having insurance policies against his life, which were issued by the appellant herein respectively for Rs. 35,000/ -, Rs. 50,000/ -, Rs.25,000 and Rs. 50,000/ -.The premium of the policies were being deducted from his salary and were deposited in the office of the LLC. of India by the employer. As per case of the complainant/respondent, the insured died on 6/2/2001, and he was not suffering from any serious disease prior to death, and died because of Cardiorespiratory Failure. Claim was preferred before the L.I.C. of India/appellant. The appellant had refused to pay any amount asserting that the deceased was suffering from Chronic Asthma and he had deliberately concealed this fact at the time of making proposal for the insurance. When complaint was tiled before the District Forum, then also the same defence was taken.
(3.) LEARNED District Forum, had not agreed with the defence of the L.I.C. of India and passed the impugned award. We have heard arguments of both parties and perused the record of the District Forum.;