- (1.) THIS appeal arises from order dated 10th November, 2003 rendered by the learned Kutch District Consumer Disputes Redressal Forum at Bhuj in Complaint Application No. 93/2002 directing the opponent Life Insurance Corporation of India (LIC for short) to pay to the complainant policy amount with all benefits concerning the policy bearing No. 811451045 with interest @ 9% p.a. from 23.6.2001 till payment and compensation and cost respectively in the sum of Rs. 3,000/ - and Rs. 2,000/ -.
(2.) WE have heard the learned Advocates for the parties. We have gone through the impugned order.
(3.) IT would appear that the complainant had taken life insurance policy in question for Rs. 50,000/ - to cover the risk of life of his wife Smt. Manjulaben Maneklal Shah in the year 1994. On account of some intervening circumstances there was default in making payment of premium in the year 1997. Thereafter it was revived in the same year. The life assured died on 12.1.2001. The complainant submitted claim under the policy of insurance in question. The opponent LIC repudiated the claim on the ground that there was suppression of material facts with regard to the deceased life assured suffering from Diabetes at the time when the revival of the policy of insurance in question was obtained in December, 1997. Learned Forum held that there was no question of suppression of material facts and that the cause of death was cardiac arrest. On going through the material placed on record it would appear that more than two years passed since the time the policy in question was revived till upto the time the life assured died. Hence by virtue of provision contained in Section 45 of Insurance Act repudiation on the ground of suppression of material fact as alleged by the opponent LIC cannot be accepted since the burden of proof is on the part of the opponent LIC and it has not been able to prove that the deceased insured had certain disease or diseasesprior to at the time of the revival of the policy in question. Hence bearing in mind the facts of the case no indulgence is required to be shown in respect of the first main part of the order.;