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V.K.JAIN
Dinesh Soni – Appellant
Versus
Branch Manager, State Bank of India – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Surendra Kumar, Advocate

ORDER

V.K. Jain, Presiding Member

Late Shri Banshi Lal father of the petitioner obtained an insurance policy from the respondent - SBI Life Insurance Co. Ltd. in respect of a loan which he had taken from State Bank of India. In the proposal submitted by him, he was interalia required to disclose whether he was suffering from Diabetes. The said question was a part of the good health declaration contained in the proposal form. Mr. Banshi Lal signed the declaration to the effect that he was not suffering from the ailments specified therein, including Diabetes. The declaration was also signed by the complainant/petitioner Mr. Dinesh Soni who signed the said document in English. Shri Banshi Lal having died on 14.7.2011 a few months after obtaining the insurance policy, a claim in terms of the insurance policy was lodged by the complainant/petitioner with the respondent SBI Life Insurance Co. Ltd. The claim was rejected vide letter dated 29.12.2011 which to the extent it is relevant, reads as under:-

“Late Banshi Lal Soni, while applying for enrollment under the SB] Dhanraksha Plus LPPT Personal Loan scheme had signed ‘Declaration of Good Health’, which mentions that he was of sound heal

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