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B.B.VAGYANI, ANJALI KARADKHEDKAR, S.G.NAGARALE
LIC OF INDIA – Appellant
Versus
SHANTIDEVI THAKUR – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. A.S. Vidyarthi, Advocate.
For the Respondent:Mr. Shirish Deshpande, Advocate.

ORDER

Mr. Justice B.B. Vagyani, President—This appeal filed by org. O.P. is directed against the order dated 10.9.2004 passed by Central Mumbai District Consumer Forum.

2. We propose to dispose of this appeal at the admission stage.

3. One Devraj B. Thakur was working for M/s. Hindustan Petroleum Corporation Ltd. at Chembur, Mumbai as a “Forklift Operator”. He got himself insured by obtaining three policies. The sum assured under third policy was Rs. 50,000/-. The insured being in the employment, premium was deducted by his employer from his monthly salary and was remitted to the Life Insurance Corporation of India. The insured died on 7.2.1995. The widow of deceased submitted claim. The Insurance Company repudiated the claim mainly on the ground that there was material suppression of habit of excessive consumption of alcohol.

4. Being aggrieved by the repudiation of claim, the widow of deceased insured filed consumer complaint before the District Consumer Forum. The said complaint was resisted by the Insurance Company. It is contended by the Insurance Company that because of material suppression, the claim was rightly rejected. The District Consumer Forum rejected the defence r























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