J.M. Malik, Presiding Member—The present controversy revolves round the question “whether ‘history’, by the illiterate wife of the deceased insured, is a conclusive proof of suppression of an ailment?.

2. Sh. Deepak Kumar Pandya, since deceased, husband of the complainant/respondent, Smt. Hansaben Deepak Kumar Pandya, obtained insurance policy in the sum of Rs.3,60,000/- covering the period from 10.01.2008 to 10.01.2018 for which he has also paid premium amount of Rs. 36,306/-.

3. On 05.07.2008, due to heart attack, Sh. Deepak Kumar Pandya passed away. The complainant filed claim with Sahara India Life Insurance Co. Ltd, one of the petitioners in this case. The petitioner No.1 sent a cheque in the sum of Rs.17,563.96ps to the complainant and repudiated her claim. Complainant sent a Legal notice, but it did not ring the bell. Ultimately, the complainant filed a complaint with the District Forum with the prayer that a sum of Rs.3,60,000/-, along with interest @ 18%, be granted, in her favour. The defence set up by the petitioner was that the insured had suppressed the material fact that he was suffering from heart ailment. The District Forum allowed the complaint and directed th