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M.S.PARIKH, M.K.JOSHI
LIFE INSURANCE CORPORATION OF INDIA – Appellant
Versus
SHANTABEN – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. P.R. Jani, Advocate.
For the Respondents:Mr. H.C. Shah, Advocate.

ORDER

Mr. Justice M.S. Parikh, President—This appeal arises from order dated 15.1.2003 rendered by the learned Consumer Disputes Redressal Forum, Sabarkantha in Complaint No. 13 of 1998 directing the opponent Life Insurance Corporation of India (LIC for short) to pay to the complainant Rs. 50,000/- being the amount of life insurance policy taken by the predecessor of the complainants-deceased Devkaran Dhulabhai Patel, on or around 11.8.1995 and to pay interest at the rate of 9% and compensation in the sum of Rs. 5,000/-. The complainants challenged the repudiation of the claim by the opponent LIC on the ground that the insured did not know about the existence of disease of cancer on the date of proposal of insurance and on the ground of want of nexus between the cause of death being heart attack and the disease of cancer. Opponent LIC resisted the claim on the same ground namely, suppression of material fact of existence of disease of cancer and knowledge thereof in the proposal for insurance. The learned Forum came to the conclusion that the opponent failed to prove the fact of knowledge of existence of such disease on the part of the insured on the date of insurance and in any eve













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