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R. K. AGRAWAL, S. M. KANTIKAR
Basmati – Appellant
Versus
LIC of India – Respondent
ORDER
R.K. Agrawal, President.—The present Revision Petition has been filed by the Original Complainant under Section 21 of the Consumer Protection Act, 1986 against the Order dated 05.11.2009, passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur, (hereinafter referred to as the State Commission) in Appeal No. 36/2009, preferred by Life Insurance Corporation of India, the Opposite Party/Respondent herein (hereinafter referred to as the Respondent/Insurance Company). By the Impugned Order, the State Commission while reversing the Order dated 23.12.2008, passed by the District Consumer Disputes Redressal Commission, Durg (hereinafter referred to as the District Commission) in Complaint Case No. 251/2007, filed by the Complainant/Petitioner, has disposed of the Appeal filed by the Respondent/Insurance Company, with a direction to the Respondent/Insurance Company to pay a sum of Rs.25,000/- to the Complainant/Petitioner herein as compensation for the deficiency in service committed by it in not deciding the claim in time and thereby compelling the Complainant/Petitioner to re-approach the District Commission as also Rs.500/- as costs. By its Order dat
Suppression of material fact - there is suppression of material facts by the Insured and the sum assured is not payable to the Complainant/Petitioner.
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
(1) Correct declarations - Had the Insured given correct declaration or answers to the aforesaid questions, the Insurance Company may have taken an informed decision as to whether he should be enroll....
1) Per Sec. 45 of Insurance Act, claim can be repudiated, if it is proved that the assured knowingly and fraudulently suppressed the material facts.2) Contractual duty so imposed on the Insured is su....
Revisional Jurisdiction – Revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision....
Contract of Insurance – A contract of insurance is one of utmost good faith. A proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts bearing upon the is....
(1) Full Knowledge – DLA had the full knowledge of pre-existing ailments at the time of filling the proposal form and there was a nexus with preexisting disease and the cause(s) of death.(2) Proposal....
(1) Proposal form – In filling up the proposal form, the agent normally, ceases to act as agent of the insurer but becomes the agent of the insured and no agent can be assumed to have authority from ....
The burden to prove misrepresentation or suppression of material facts in insurance contracts lies with the insurer, and claims cannot be repudiated without credible evidence.
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