LIFE INSURANCE CORPORATION OF INDIA Vs. MORA RAJESWARI

JUDGEMENT

(1.) AGGRIEVED by the order in C.D. No. 233/1998 on the file of District Forum, Karimnagar, opposite parties preferred this appeal.

(2.) THE brief facts as set out in the complaint are that the complainant is the wife of M. Satyanarayana, who had taken a policy from the opposite parties for a sum of Rs. 50,000 on 28.9.1994. He did not pay the premium due on 28.6.1996 but subsequently paid the same on 26.8.1996. Thereafter his insurance policy was revived and he paid the subsequent premiums regularly till his death on 15.3.1997, due to cancer. The complainant submitted a claim form on 10.9.1997 which was repudiated on the ground that her husband was suffering from Herpetic Neuralgia prior to the date of revival and he did not disclose the said fact in his personal statement. The complainant further submits that the insured was suffering from cancer two months prior to the death and the said fact was mentioned in the Medical Attendance Certificate. Prior to that he did not undergo any medical examination and he was hale and hearty till he was diagnosed to be having cancer two months prior to the date of death. In spite of repeated requests, the opposite parties did not settle the claim. Hence the complaint.

(3.) OPPOSITE parties 1 to 3 filed counter stating that on the strength of the personal statement regarding his health made by the deceased on 26.8.1996 the policy was revived. They contend that the life assured suppressed that he was suffering from Herpetic Neuralgia from 4.5.1994 onwards and if they were in the knowledge of his disease, they would not have revived the policy and, therefore, justified their repudiation.