Suresh Chandra, Member—The only issue which has arisen for our consideration in this case is as to whether there was suppression of material information pertaining to his health by the insured at the time of renewal of his lapsed policy.

2. Briefly stated, the facts of this case are that the deceased-husband of complainant No. 1 and father of complainants No. 2 and 3 had taken two policies bearing No. 945294751 for Rs. 50,000/- and No. 946169914 for Rs. 1 lakh, in his life time. He died due to heart attack on 6.8.2001. While the claim of the complainants in respect of the policy for Rs. 50,000/- was settled by the petitioner-insurance company, claim of Rs. 1 lakh in respect of the second policy was repudiated. When the complainants did not get a positive response to their legal notice sent in this regard, a consumer complaint was filed before the District Forum, Kolhapur against the insurance company. The opposite party, i.e., insurance company filed its written statement and pleaded that the insured person died within two years of taking the policy and hence an inquiry as to the cause of his death was made in which it was found that the insured had taken treatment at the Karn