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SUDIP AHLUWALIA
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Surinder Pal Singh – Respondent
ORDER
Sudip Ahluwalia, Member—The present Appeal under Section 19 of the Consumer Protection Act, 1986 has been filed by the Appellant/Insurance Company against the impugned Order dated 18.10.2016 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh in Consumer Complaint No. 01 of 2014 vide which, the Complaint filed by the Respondent/Complainant was allowed.
2. Brief facts of the case as per the Complaint are that the Complainant was having a manufacturing Unit at Ludhiana dealing with farm equipment. He regularly visited other countries for business purposes. A Farm Progress Show i.e. Western Canadian Farm Progress show was organised in Regina, Saskatchewan, Canada from 13.06.2011 to 18.06.2011. Thirteen members of Indian Business Delegation were invited by the Canadian Trade Commission Service, including the Complainant. It was mandatory for a person traveling abroad to obtain travel insurance before departure from the home country. The Complainant had obtained travel insurance from the Appellant by paying a premium of Rs. 2002/-, and he was issued Policy No. OG-12-1203-9910-00000296 on 31.05.2011. At the time of the issuance of the Policy, no one from
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....
Insurance – Repudiation of death claim – If insured had not been found to be medically deficient as on date of proposal form then question of any allegation about past disease has to be viewed accord....
(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) 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....
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
There should be nexus with pre-existing disease & disease for which claim has been made.
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