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P.N.NAG, I.D.BALI, KRISHANA TANDON
NARBADA DEVI – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Pushup Raj Sharma, Advocate.
For the Respondents:Mr. Bimal Kumar Sharma, Advocate.

ORDER

Mr. Justice P.N. Nag, President — This appeal is directed against the order of the District Forum, Mandi, dated 7.8.1997 whereby the complaint of the appellant/complainant (hereinafter to be referred to as the complainant) has been dismissed.

2. In order to appreciate the controversy between the parties, we may notice these facts. The complainant is the wife of Shri Dhameshwar- deceased who purchased a Life insurance policy from the respondent Nos. 1 to 3 (hereinafter to be referred to as the L.I.C.) on 15.7.1994 for a sum of Rs. 50,000/-. The husband of the complainant died on 12.8.1995 due to heart attack i.e. within two years of the issue of the policy. The complainant being a nominee, submitted all the papers to the L.I.C. for the payment of insurance claim, but the claim has been repudiated by the L.I.C. on the ground that the deceased-insured in his personal statement in the proposal form on 14.7.1994 had not given the correct answer and has deliberately and intentionally withheld the material information from the L.I.C. with a view to obtain the policy. The question No. (c) in the proposal form was to the effect that whether the insured had remained absent from the place



























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