M. THANIKACHALAM J. - (1.) The opposite parties in O.P.No.630/1998 on the file of the District Forum, Chennai (South), who suffered an adverse order, are the appellants.
(2.) The complainants son Vijayaraghavan, had taken a Life Insurance Policy on 15.11.1994, and the assured amount therein is Rs.3 lakhs. Vijayaraghavan succumbed to illness, after admission in the Christian Medical College Hospital, Vellore, on 01.06.1995. In the policy, he had nominated his mother/ complainant, as nominee to receive the policy amount. Pursuant to the nomination, when a claim was lodged for the assured amount, the opposite parties repudiated the same without any basis. In fact before the insurance policy was taken, Vijayaraghavan was subjected to medical Test and his health condition was certified as hale and healthy. Despite request, since the opposite parties have repudiated the claim, the petition is filed not only for the policy amount, but also for compensation.
(3.) The opposite parties in their written version admitting that the complainants son had taken a Life Insurance Policy, for a sum assured of Rs.3 lakhs would contend that, within 6 months or so, from the date of commencement of policy, Vijayaraghavan died, that as per the usual rules and practice, when the matter was investigated, that revealed, the life assured was suffering from liver disease from his childhood, and that he had been taking injection for the same biweekly, but in the proposal form, the above illness was deliberately suppressed and false answers were given, though the death has no direct effect to the illness mentioned above, and that the fact remains there is a material suppression, and in this view, under the policy, the insurance company is entitled to repudiate the same, and repudiated the claim of the complainant, for which there cannot be any grievance.;