The central legal point established in the judgment is the interpretation of treatment papers and the application of Section 45 of the Life Insurance Corporation of India Act, 1956, regarding the consequences of suppression of material facts.

ORDER

S.C. Vyas, President (Oral)- This appeal is directed against the order dated 18.3.2010 of District Consumer Disputes Redressal Forum, Durg (hereinafter called as "District Forum" for short), in Complaint Case No. 145/2009, whereby the appellants herein/Life Insurance Corporation of India (hereinafter called as "Insurance Corporation" for short), have been directed to pay Rs. 5,00,000 to the respondent/complainant on account of death of Krishna Avtar Pandey during subsistence of the life insurance policy, along with Rs. 5,000, as compensation for mental agony and Rs. 1,000 as cost of litigation. It has further been directed to pay this amount within two months, otherwise the amount will be payable with interest @ 6% p.a.

2. The facts of the case in nut shell are that husband of the respondent/complainant Krishna Avtar Pandey, obtained two insurance policies on his life, each of Rs. 2,50,000 in the month of May, 2006. He died on 28.9.2007 on account of disease of Cancer. A claim was preferred by the respondent/complainant to the appellants, which was repudiated by the appellants/Insurance Corporation on the ground that deceased was suffering from Carcinoma of Neck, prior to the date of making proposal for the insurance and had deliberately suppressed the material fact of his earlier illness and, therefore, the benefit under the insurance policies were not payable to the respondent/ complainant.

3. The defence of the Insurance Corporation was that in the Certificate of Dr. Amin R. Virani, said to have been issued on 29.4.2006 description of problem of deceased were noted and the diagnosis has also been noted with recommendation for surgery. As per the case of the complainant, the said Dr. Amin R. Virani was consulted in the month of November, 2006 and then he issued that Diagnosis Slip-cum-Treatment Card. Whereas, allegation of the appellants was that the husband of complainant was examined on 29.4.2006 by the said doctor. Thus, controversy between the parties hinges around the question that whether the deceased was examined by Dr. Amin R. Virani on 29.4.2006 on account of complaint of left neck swelling for three weeks, which has been diagnosed as HTN/Meta Static Squamous Cell CA (Carcinoma) and whether surgery was advised at that time.

4. Learned District Forum did not agree with the defence of the appellants/Insurance Corporation and allowed the complaint.

5. We have heard arguments of both parties and perused the record of the District Forum including original treatment paper of Dr. Amin R. Virani,

6. Counsel for the appellants submitted that deceased Krishna Avtar Pandey was examined by Dr. Amin R. Virani on 29.4.2006, whereas, Counsel for the respondent very vehemently opposed this contention by arguing that in fact deceased was examined by Dr. Amin R. Virani on 29.11.2006 and by making some overwriting on the entry of date of examination, the month of "November (11)" has been converted into month of "April (4)" by the appellants.

7. The original document, which is before us, on first sight shows that date of examination of consulting Physician was 29.4.2006, but there appears no material to show that what happened to the patient after the date of 29.4.2006 and why he waited till month of November, 2006 for further treatment which was surgery and medical advice. As per arguments of learned Counsel for the respondent all treatment papers in original, were provided to the Insurance Corporation. After repudiation of claim, when demand for original documents was made by the respondent, then only photocopies of the documents were provided to respondent. From the photocopy of diagnosis slip of Dr. Virani it revealed that the appellants fraudulently converted date 29.11.2006 into 29.4.2006 by interpolation.

8. Whatever may be the reason, but it appears that there is no treatment record for the period between April, 2006 and November, 2006. The District Forum has considered this document of Dr. Amin R. Virani in the light of treatmen