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V.K.JAIN
Sapna – Appellant
Versus
Admin. Officer (Legal), LIC of India – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Santosh Srivastava and Mr. Deepak Bhardwaj, Advocates

ORDER

V.K. Jain, Presiding Member

Late Shri Umashankar Tyagi, husband of the complainant obtained an insurance policy from the respondent LIC of India, for a sum assured of Rs.2 lacs on 26.12.2013. Late Sh. Umashankar Tyagi having died on 17.02.2015, within two years of taking the insurance policy, a claim for payment in terms of the insurance policy was submitted by the complainant with the respondent. The claim however, was repudiated on the ground that the insured had concealed a material fact while obtaining the insurance policy. It was pointed out in the written version filed by the respondent that the deceased was suffering from Fracture Hip, Hip Pus, T.B., Pott’s Spine (T.B. Spine) even before taking the policy and treatment had also been taken by him for the said disease. He had also availed unpaid medical leave from 01.02.2011 to 01.08.2011 for his treatment. The claim was therefore, rejected on account of the aforesaid concealment.

2. The District Forum having allowed the complaint, the respondent LIC of India approached the concerned State Commission by way of an appeal. Vide impugned order date 04.12.2018, the State Commission allowed the appeal and dismissed the consumer

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