LIFE INSURANCE CORPORATION OF INDIA AND ORS Vs. KRISHNA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 25.11.2003 passed by the District Consumer Disputes Redressal Forum, Rewari whereby following relief was granted to the respondent -complainant:

(2.) BOTH the parties led evidence in support of their respective claims. On appraisal of the pleadings of the parties and evidence available on record, the District Forum accepted the complaint and granted relief as noticed in the opening para of this order.

(3.) WHILE dealing with the controversy mentioned at Sr.No. (i) above, there is nothing on record to prove that at the time of obtaining of the Insurance Policy, the life assured was suffering from any ailment. Mere pleading of the opposite parties without any cogent and convincing proof with respect to the pre -existing ailment of the life assured, cannot be believed. It is well settled that the Insurance Company is under an obligation to prove that the proposer had concealed any material information in the proposal form. In the instant case the opposite parties have failed to disclose the name of any Doctor or Hospital from where the life assured was getting treatment for his alleged pre -existing disease.