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GAUTAM CHOURDIYA, RUCHI GOEL, GOPAL CHANDRA SHIL, PRAMOD KUMAR VARMA
In the Matter of: Pramerica Life Insurance Limited (Formerly Known as DHFL Pramerica Life Insurance Company Ltd. ) – Appellant
Versus
. – Respondent
JUDGMENT
Gautam Chourdiya, President—This appeal, filed under Section 41 of the Consumer Protection Act 2019 (hereinafter called “the Act” for short), is directed against order dated 26/11/2021 passed by District Consumer Disputes Redressal Commission, Kabirdham (hereinafter referred as “District Commission” for brevity), in Complaint Case No.CC/2021/01 filed by the complainant/respondent No.1 herein, whereby the opposite party No.1/appellant herein was held deficient in service and partly allowing the complaint the opposite party No.1/appellant Insurance Company was directed to pay the opposite party No.2/respondent No.2 Bank, the remaining amount of loan obtained by the deceased Kamlesh Sharma. It was also directed that if the loan amount has been repaid by the complainant to the opposite party No.2 Bank, then the opposite party No.1 Insurance Company shall pay the amount of loan to the complainant/respondent No.1 adjusting the amount of premium Rs.31,349.06 returned by the insurance company. Apart from that the opposite party No.1/appellant insurance company was also directed to pay the complainant Rs.50,000/- as compensation for mental agony and Rs.3,000/- as cost of litigation
(1) Six months - Section 45 of the Insurance Act 1938 also is of no help the complainant as in the present case the insured died within six months of taking the insurance policy.(2) Proposal form - T....
Insurance—Repudiation of death claim on the ground of concealment of disease must be supported with reliable and cogent evidence.
(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....
The duty of the insured to disclose all material facts at the time of obtaining an insurance policy, the significance of material facts in influencing the decision of a prudent insurer, and the conse....
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....
Life Insurance Policy – Repudiation of death claim on the ground of suppression of material facts – Mere existence of past medical records is insufficient unless knowledge on part of insured is prove....
(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....
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