The delay in repudiating an insurance claim, especially after the insured had been declared fit, can amount to deficiency in service.

Mr. Justice J.B. Garg, President — Janak Raj Arora a shop-keeper of Pinjore was insured with the respondents w.e.f. 25.11.89 for a period of 20 years. His age at the time of insurance was 35 years. However, he died on 14.10.90 on account of heart failure. The claim for insurance put forward by Smt. Nirmal Arora the widow has been repudiated. On a complaint instituted the claim was allowed by the Consumer Forum, U.T., Chandigarh on 25.3.96. Aggrieved against it the present appeal has been attempted by the Life Insurance Corporation of India, Divisional Officer, Chandigarh.

2. The main plea raised on behalf of the appellant is that it was a case of early claim in-as-much as the death occurred within one year of the taking out of the Insurance Policy and this necessitated investigation. It came to light that Janak Raj Arora suppressed that he had history of ill-health and there was no deficiency on the part of the appellant merely because the claim has been repudiated.

3. We have seen the original proposal form which was completed on 11.12.89. The important columns such as presence of diabetes, consultation from a medical practitioner during the last five years or absence from place of work during the last five years have been answered in the negative and there is no evidence that these answers were wrong. Janak Raj Arora was also medically examined and declared fit by the Medical Officer of the Life Insurance Corporation of India who has not been examined by the appellant before the Forum.

4. An attempt has been made to rely upon a certificate issued by Dr. Nand Ram of Panchkula and it contains a mention that late Janak Raj Arora had been a patient of anaemia. This certificate has been issued after the death of Janak Raj Arora. Obviously a certificate issued after the death could not contain the signatures or thumb impression of the patient regarding his identity. We are unable to rely upon this certificate. The learned Counsel for the appellant in reply to our query told us that this certificate was supplied to the appellants by the aforesaid medical practitioner during an enquiry conducted at the instance of the appellants. Any register of patients has not been produced to satisfy regarding the genuineness of this certificate.

5. There is another important factor in-as-much as Janak Raj Arora died on 14.10.90, but the letter of repudiation was issued on 15.7.92 (RVI). Repudiating the claim, after one year and nine months after the death cannot be considered fair and amounts to deficiency in service. In view of all these facts and circumstances there is no merit in this appeal and it is hereby dismissed.

6. Announced. The order be communicated to the parties free of charges.

Appeal dismissed.