Mr. Justice M.Y. Kawoosa, President—This appeal is directed against the order dated 7.3.2003 passed by the Divisional Forum by virtue of which DF allowed the complaint of the respondent/complainant and directed the appellant/O.P. to pay Rs. 1 lakh insurance amount to the respondent along with 9 per cent interest 3 months after the date of death and Rs. 1,000/- was also allowed as litigation charges.

2. Case amenates from the fact that complainant’s husband had secured Life Insurance Policy for a period of 20 years for a sum of Rs. 1 lakh commencing from 28.12.1998 and after paying the premium of Rs. 1,419 respondent died due to cardiac arrest during the subsistence of the above policy. Complainant’s widow raised the claim but was denied by the appellant on the ground that the deceased had suppressed the material fact of previous existing heart ailment which is clear breach of insurance policy and thus it disentitled the nominee i.e., complainant to receive insured sum. The claim was resisted on the same ground that the deceased husband of the complainant had suppressed the fact to the appellant at the time of filling the proposal form for insurance regarding his previous ailmen