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RATAN PRAKASH, J.R.CHOPRA
LIC OF INDIA – Appellant
Versus
JABA DEVI – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. J.K. Dhingra, Advocate.
For the Respondent: Mr. Ramesh Sharma, Power Attorney.

ORDER

Mr. Justice J.R. Chopra, President—Heard the parties for final disposal of the case.

2. This appeal is directed against the order of the learned District Forum, Udaipur dated 6.4.1999 whereby the learned District Forum has allowed the claim of the complainant for payment of Rs. 1 lac on account of the death of her husband Kuber Kant Joshi. Mr. Dhingra appearing for the appellant raised two points : firstly he says that the policy was taken at Dungarpur and, therefore, Udaipur District Forum has no jurisdiction and secondly his contention is that before taking the policy in the year 1993 i.e. 28.7.1993 the complainant was suffering from constipation and that has not been disclosed. When LIC is having a Regional Office at Udaipur and it is transacting business at Udaipur then as per Section 11 the Udaipur District Forum has jurisdiction to hear such a complaint and to that extent the argument cannot be sustained. The second contention of Mr. Dhingra also has no substance. Constipation is not a disease. Actually it is a condition of the body which occurs at any time. Therefore, non-disclosure of that fact does not amount to suppression of material fact. May be the patient has died



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