LIFE INSURANCE CORPORATION OF INDIA Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) MUKAND Ram husband of Shakuntla Devi respondent had taken the life insurance policy from the appellants for an amount of Rs. 50,000 by filling the proposal form on 15.10.1994 with the commencement date as 28.10.1994. The insurance policy had lapsed and it was got revived on 20.1.2003. Said Mukand Ram died on 2.5.2003. The respondent lodged the insurance claim with the appellants but it was repudiated by the appellants vide letter dated 11.1.2005. Hence the respondent filed the complaint in the learned District Consumer Disputes Redressal Forum, Patiala (in short "District Forum") for insurance claim compensation, interest and costs.

(2.) THE appellants field the written reply. It was admitted that Mukand Ram husband of the respondent had taken the life insurance policy for an amount of Rs. 50,000 with the commencement date as 28.10.1994. It was also admitted that the respondent was the wife and nominee of said Mukand Ram life assured. The insurance policy had lapsed for non -payment of quarterly payments due in April 1996 onwards and it was got revived by he policy holder on 20.1.2003 by making the payment of quarterly premium due from April 1996 to October 2002. Said Mukand Ram was working as a driver with the Punjab Roadways, Ludhiana. The life assured had died within a period of three months and ten days after getting the insurance policy revived. He was also suffering from AC -PIVD (Acute Perlapsed Inter Vertiberal Disc). He was also suffering from a topic dermatitis (skin disease). He had suppressed the fact of his illness deliberately with a fraudulent intention. Since the life assured had concealed material facts, therefore, the repudiation was legal and valid. Dismissal of the complaint was prayed.

(3.) SHAKUNTLA Devi respondent produced her affidavit as Ex. C.A. She also filed the affidavit of Joginder Singh as Ex. CB. The respondent also proved documents Ex. C1 to Ex. C5. On the other hand, the appellants produced the affidavit of H.K. Chaudhary, Manager (Legal) as Ex. R1 and the affidavit of Prem Kumar as Ex. R2. The appellants also proved documents Ex. R3 to Ex. R129.