J.M. Malik, Presiding Member —The main controversy in this case swirls around the question, “what is the material fact as per proviso appended to Section 45 of the Insurance Act”. In the instant case, the claim made by the complainant was repudiated on the ground owing to non-disclosure of material facts, relating to her earlier policy with various other insurers including Sahara India Insurance Company Ltd. and also her annual income. The State Commission came to the conclusion that the repudiation of the claim was not valid.

2. We have heard the counsel for the petitioners -Sahara India Life Insurance Company Ltd. and perused the written submissions made by the respondent/complainant. The counsel for the petitioners has placed reliance on the celebrated authority of Hon’ble Supreme Court reported in Satwant Kaur Sandhu v. New India Assurance Co. Ltd., IV (2009) CPJ 8 (SC): 2013 (3) CPR 654 SC), which was also relied by us in the case of LIC of India & Anr. Versus Vidya Devi & Anr. in Revision Petition No. 382 of 2011 and Komal Sharma, Deepak Kumar Sharma & Ors. Versus Life Insurance Corporation of India & Ors., I (2013) CPJ 606 (NC). The Apex Court in the said judgment in th