G.SHARADHA Vs. BRANCH MANAGER, LIC OF INDIA, HYDERABAD

JUDGEMENT

(1.) Being aggrieved by the order dated 5th July, 2007 passed in C.C 236/2007 dismissing the insurance claim, this appeal is filed questioning the propriety and legality of the order.

(2.) The facts of the case disclose that the complainants husband had taken an insurance policy from the opposite party in April, 2005 and it expired in August, 2005. when the complainant applied for insurance claim, the opposite party repudiated the same stating that the complainants husband suppressed the facts at the time of applying for the policy. The act or omission on the part of the opposite parties is attributed as deficiency in service.

(3.) The version of the opposite parties is that the complainants husband had undergone major surgery in the year 1997 for his ailment for Low Back Pain in Apollo Hospitals and subsequently in the year 2005 he obtained an insurance policy by suppressing about his health and surgery. Within four months after obtaining the policy, he expired in Care Hospital due to Brain Stem Bleeding. As there is suppression of material facts, the opposite parties repudiated the claim.