- (1.) The unsuccessful complainant in OP No.549/1997, on the file of District Forum, Chennai (South), is the appellant.
(2.) The father of the complainant, Ravichandran, insured his life, with the opposite party on 2.1.1994, by paying a premium of Rs.1529/-, in which he has nominated the complainant, as his nominee. Unfortunately, the father of the complainant, all of a sudden died on 7.4.1994. Under the policy, being the nominee, the complainant is entitled to the sum assured. On that basis a claim was made, which was repudiated. Despite letters and notice, the opposite party failed and neglected to pay the sum assured under the policy, which should be construed as deficiency in service. On the basis of the above allegations, a claim came to be filed for the recovery of a sum of Rs.1 lakh, being the sum assured, as well as another sum of Rs.50000/- as compensation.
(3.) The respondents/ opposite party, admitting the policy, would contend that while submitting the proposal form, the insured had suppressed the material facts, viz. that he was suffering from ischemic heart disease, which was revealed even by the medical attendance certificate, given by the complainant, and on that basis alone, the claim was repudiated legally, which cannot be taken as deficiency in service, thereby prayed for the dismissal of the case.;