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SUBHASH CHANDRA
Nirmala Devi – Appellant
Versus
Reliance Life Insurance Com – Respondent
ORDER
This Consumer Complaint under section 21 (a) (i) of the Consumer Protection Act, 1986 (in short, ‘the Act’) alleges deficiency in service in denying a claim under the life insurance policy issued by the Opposite Party in respect of the deceased son of the Complainant, who is the mother and nominee of the Policy Holder.
2. Briefly stated, the facts are that the Deceased Life Assured (DLA), Vijay Kumar S/o. Mr. Babulal Verma, held a Life Insurance Policy No. 52392026 dated 14.10.2015 issued by the Opposite Party for a sum of Rs.1,00,00,000/-. The benefit payable was Rs.1,00,00,000/- or 10 times the annualised premium or 105% of the premium paid as on date of death excluding extra premium, if any, in case of death. The Policy was issued after a medical fitness examination conducted by the Opposite Party. The DLA who was an employee of the Oriental Bank of Commerce met with a road accident on 27.10.2015, while driving a two wheeler, when he was found lying injured on the road in an unconscious state due to head injuries. He was taken to Government Hospital and was provided first aid at Government Hospital, Karnal followed by admission to Arvinda Hospital, Karnal and subsequently,
A nominee under a policy of insurance is rightful claimant of benefits under the policy—Under Insurance Act, 1945, nominee is recognized as a beneficiary for all benefit which the policy provides sub....
The nominee in an insurance policy can claim as a consumer even without direct contract; full disclosure of material facts is crucial in insurance underwriting.
Accident – An accident is an occurrence or an event, which is unforeseen and startles one when it takes place but does not startle one when it does not take place. It is not the happening of the expe....
Law imposes duty of uberrima fides [utmost good faith], on Proposer to disclose material facts truthfully in order to enable Insurer to exercise discretion to enter into contract of insurance.
A policy cannot be repudiated for non-disclosure of lapsed or terminated policies, especially when ambiguity exists in proposal forms; the insured must only disclose material facts that directly affe....
Insurers can reject life insurance claims for non-disclosure of previous policies, highlighting the necessity for utmost good faith in insurance contracts.
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