Mr. Justice A. Venkatarami Reddy, President—One T. Sailaja Rani wife of the complainant in OP 351/95, District Forum, Nizamabad took an "Ashadeep policy" from the opposite party Insurance Company for Rs. 1 lakh on 13.11.1993 and paid two half yearly premiums and died on 22.4.1994 due to heart attack at Hyderabad. The complainant who is a nominee and husband preferred a claim. But the opposite parties repudiated its liability. Questioning that the repudiation is illegal and arbitrary, the above complaint was filed to direct the opposite parties to pay the amount covered by the policy with interest etc.

2. The opposite party Insurance Company admitted the issuance of the policy. According to them as the death occurred within six months from the date of commencement of the policy, the case was investigated and the investigation revealed that the assured suffered from Abdominal T.B. from 1.4.1991 to 31.5.1991 and suppressed the same in the proposal submitted on 13.11.1993. Hence the repudiation is valid and the complaint is liable to be dismissed.

3. On behalf of the complainant PWs 1 to 6 were examined and Exs. A-l to A-18 were marked. The opposite parties did not adduce any oral e