LIFE INSURANCE CORPORATION OF INDIA Vs. KAILASH RANI

JUDGEMENT

(1.) Life Insurance Corporation has come up in appeal against the order dated 31st July, 1996 passed by learned District Forum, Ambala whereby complaint of Smt. Kailash Rani w/o Ram Parkash alleging deficiency in service on the part of L. I. C. in the payment of the insured amount of LIC policies, has been allowed by directing the LIC to pay a sum of Rs.40,000/- and all benefits accrued on the policies with interest @ 18% p. a. with effect from 19th June, 1994.

(2.) Complainant-smt. Kailash Rani had approached the District Forum, Ambala with the grievance that her late son Sunil Kumar Awal had secured two insurance policies i. e. one for Rs.15,000/- with effect from 10th September, 1991 and the second one for Rs.25,000/- with effect from 30th June, 1992. According to the complainant even though the insured Sunil Kumar died on 5th January, 1993 at P. G. I. Chandigarh due to ingestion of chromic acid by mistake, yet L. I. C. arbitrarily repudiated the claim for payment of the insured amount. The L. I. C. in their reply pleaded justification of the repudiation of the claim on the ground that there was suppression of material information with regard to the previous illness and health habits of the insured at the time of taking of the policies. Though the parties were granted full opportunity by the learned District Forum to produce their evidence and it was after a thorough consideration of the evidence produced and appreciation of the same by the learned District Forum, yet the LIC=appellant failed to produce certain material information on record, which could have bearing on the facts and circumstances of the case. Mr. B. J. Singh, learned Counsel appearing for the appellant - LIC has filed misc. application seeking permission to place additional documents on record, which in the interest of justice we have permitted to be produced. Copies of these documents have already been supplied to the learned Counsel opposite.

(3.) After hearing the learned Counsel for the parties and having gone through the record we are of the considered view that it would be fair to the learned District Forum if the case is remitted back for a fresh decision on the case after taking into consideration additional evidence on record i. e. Daily Diary Report dated 3rd January, 1993, post-mortem Report dated 6th January, 1993, LIC's communication to the complainant dated 27th June, 1994 and Annexure P4 statement of C. R. Dang, Administrative Officer, LIC dated 5th July, 1996. Consequently, the case is remanded back for a fresh decision of the complaint by the learned District Forum, Ambala after affording an opportunity to the parties to produce any further evidence. The parties through their learned Counsel have been directed to appear before learned District Forum, Ambala on 27th April, 1998. Case remanded back