LIFE INSURANCE CORPORATION OF INDIA Vs. BRIGJITH LUKE

JUDGEMENT

(1.) Opposite parties 1 to 3 in O. P. No.985/1996 of the Consumer Disputes Redressal Forum, Ernakulam are the appellants.

(2.) The complainants in the said OP were the widow and three children of one deceased K. T. Luke who had taken a policy of insurance with opposite parties 1 to 3. The policy is dated 29.1.1993 and the assured sum was Rs.50,000/-. The assured met with an accident on 11.3.1994, he succumbed to the injuries on 1.5.1994. The 1st complainant, nominee made a claim for the policy amount, that was repudiated by the opposite parties. The repudiation was intimated to the complainant by Exbt. A4; therefore complaint was filed before the District Forum.

(3.) The opposite parties filed their version in which the main contention was that, the repudiation was valid as the assured was guilty of wilful suppression of material facts. They alleged that, he was suffering from serious ailments from 7.2.1992 onwards and he was also on medical leave for 40 days from 7.2.1992. He was treated as an in-patient for diabetes and gastritis. Adding to that he had hypertension also. In view of the same, his policy was repudiated which under law is valid. Hence they pleaded that, the complainants are not entitled to get any relief.