A.RAMAN, R.VANAROJA
BRANCH MANAGER, L. I. C. OF INDIA – Appellant
Versus
A. LALITHA – Respondent
Thiru Justice A. Raman, President—These two appeals arise out of the order passed by the lower Forum on 12.4.1999 in O.P. No. 130/98 and O.P. No. 135/98. The complainant’s case in these two O.Ps. is that the complainant’s husband Amaranathan had insured his life for two sums of Rs. 1 lakh each under two policies, one commencing from 28.3.1993 and 28.10.1993. The first premium was paid on 28.3.1993 and 28.10.1993. Amaranathan developed severe headache and after consulting his family Doctor V. Gopal, he was taken to Madras and admitted at Apollo Hospital on 17.6.1994 where Dr. Kalyanaraman conducted an operation upon him. After the operation, he was improving and, therefore, came down to Thanjavur on 3.8.1994 and was attending to his normal work. But all of a sudden, he had a massive heart attack and expired on 9.8.1994. Therefore the complainant made a claim to the opposite parties for payment of the amounts due under the policies. The opposite parties rejected and repudiated the claim on the ground that the insured had suppressed that he was suffering from diabetes. Such a repudiation is bad in law. Hence these two complaints were filed.
2. The opposite parties contended that i
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