Voluntary signing of a discharge voucher prevents disputing its execution unless fraud or coercion is proven.

ORDER

Sunil Kumar Garg, President - This appeal has been filed by the complainant-appellant against order dated 6.8.2003 passed by the District Forum, Pali in complaint No. 136 of 2000 by which the complaint of the appellant was dismissed.

2. It arises in the following circumstances:

That the complainant-appellant had filed a complaint before the District Forum, Pali on 6.9.2000 inter alia stating that her husband Sohan Lal, now deceased had taken a LIC policy bearing No. 100380202 for a sum of Rs. 3 lacs on 15.5.1996 from the respondents and the deceased had died on 12.7.1996. It was further stated in the complaint that after the death of the deceased the complainant-appellant being the wife and nominee of the deceased had preferred the claim before the office of the respondents but that claim was repudiated by the respondents through letter dated 19.2.1998 on the round that at the time when the proposal form in question was filled in up by the deceased on 15.5.1996 he had not mentioned that prior to that he had taken three another policies bearing Nos. 182293654, 900832093 and 910636770 and since the fact of taking the above three policies was not mentioned by the deceased in Column 9 of the proposal form, therefore, the deceased had suppressed material information while taking the fourth policy on 15.5.1996 and thus on ground of suppression of material facts claim was repudiated by the respondents. It was further stated in the complaint that when the claim of the complainant-appellant was repudiated by the respondents through letter dated 19.2.1998, the complainant approached the office of the respondents and the respondents had offered a sum of Rs. 1,48,404 through cheque No. 187464 dated 9.12.1999 and that amount was accepted but since that amount could not be treated as a final settlement of the claim as the policy in question was for a sum of Rs. 3 lacs, therefore, for treating the deficiency in service on part of the LIC the complaint was filed claiming the rest amount along with interest.

A reply was filed by the respondents before the District Forum on 6.11.2000 and they have taken the same pleas which were taken by them in the repudiation letter dated 19.2.1998. Apart from that it was stated that since while filling in up the proposal form for taking the policy in question on 15.5.1996, the deceased had not mentioned of taking the prior three policies in column 9, therefore, the present case was a case of suppression of material information on the part of the deceased. It was further replied that it was wrong to say that on 9.12.1999 a sum of Rs. 1,48,404 was offered to the complainant-appellant but the fact is that through letter dated 26.3.1998 the authorities of the respondent LIC were asked to re-consider the case of the complainant-appellant though earlier the claim was repudiated. It was further replied that thereafter through letter dated 26.10.1998 the matter was referred by the authorities concerned to the Chairman. Claim Review Committee, LIC of India, Central Office, Bombay who had recommended through letter dated 30.1.1999 that treating the claim of the complainant as ex gratia payment, a sum of Rs. 1,50,000 was offered and choice was given to the complainant-appellant whether she wanted to accept that amount or not. It was further replied that thereafter a registered letter (Annexure 3) was sent to the complainant-appellant from the office of the respondents offering a sum of Rs. 1,50,000 as ex gratia payment provided it was agreeable to the complainant-appellant and consent was obtained from the complainant-appellant. It was further replied that the complainant had given a receipt on 13.11.1999 (Annexure 4) for accepting the amount of Rs. 1,50,000 in full and final settlement of the claim and accordingly in presence of witness Rajesh Singhvi the above amount was paid to the complainant-appellant on 13.11.1999 and the receive voucher is Ex. 5. It was further replied that since the claim had been settled in