Version of the respondent

S.N. Aggarwal, President—Miss Preet Kaur (now deceased) (in short “the life assured”) daughter of Resham Singh respondent had purchased the life insurance policy from the appellants for an amount of Rs.50,000. The policy commenced with effect from 28.5.2002. The life assured died by heart attack on 1.7.2003. The insurance claim was lodged with the appellants, which was repudiated by the appellants vide order dated 28.11.2004. Hence the complaint for insurance claim of Rs.50,000. Compensation, interest and costs were also prayed.

Version of the appellants

2. The appellants filed written reply. It was admitted that Miss Preet Kaur had taken the life insurance policy by filling the proposal form on 28.5.2002. It was accepted on 3.6.2002. It was for an amount of Rs.50,000. It was also admitted that life assured died on 1.7.2003 i.e. only after a period of about 11 months 25 days.

3. It was further pleaded that the life assured had suppressed the material facts while filling the proposal form. The life assured Miss Preet Kaur was suffering from Asthmatic problem for the last 3/4 years before her death, but this fact was kept concealed by her, while fillin