S.C.Vyas, President (Oral) - (1.) THIS appeal is directed against Order dated 4.10.2008 passed by District Consumer Diputes Redressal Forum, Dhamtari (hereinafter called "District Forum" for short), in Complaint Case No. 50/07, whereby the appellant herein has been directed to pay the sum assured Rs. 1,00,000 to the complainant on account of death of his insured wife. Apart from it directions for payment of Rs. 5,000 as compensation for mental agony and Rs. 1,000 as cost of litigation have also been passed.
(2.) IT is not in dispute that wife of the complainant late Pramila Devi was insured for her life by the appellant herein. The insurance cover which was provided earlier by the appellant was renewed on 9.9.2005 by depositing premium along with late fees and necessary medical examination was also done by doctor. The lady expired on 1.10.2005 during treatment in a Hospital. Claim was preferred by the respondent before Insurance Corporation, which was repudiated on the ground that material facts have been deliberately suppressed at the time of making proposal for renewal of the policy. She was having Acute Respiratory Distress Syndrome and Systemic Hypertension, which was not disclosed by her while making proposal for renewal of the policy. In this regard treatment papers of Spandan Hospital, Nagpur have been referred.
(3.) LEARNED District Forum disagreed with the defence taken by the Insurance Corporation and allowed the complaint by the impugned order. We have heard arguments of both parties and perused the record of the District Forum.;