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SUDIP AHLUWALIA
Life Insurance Corporation of India – Appellant
Versus
Reena Agarwal – Respondent
ORDER
This Revision Petition has been filed against the impugned Order dated 03.02.2020 passed by the Ld. State Consumer Disputes Redressal Commission, Delhi in First Appeal No. 284/2017 vide which, the Appeal filed by the Petitioner was dismissed, and the Order of the Ld. District Forum was affirmed.
2. The factual background, in brief, is that the Complainant’s husband took two life insurance Policies from the Petitioner/Opposite Party to ensure financial provision for the marriage of his daughters, appointing them as his nominees under the Policies. At the time of canvassing for the Insurance Policies, whatever questions were asked by the Agent were fully and correctly answered by the Complainant’s husband, which were noted by the Agents on a blank paper. However, the Agent insisted on signing the blank Proposal Forms for the Policies, stating that due to the year-end rush period, he could not complete everything on the spot andwould fill in the Forms later based on the provided information.
Subsequently, a full medical examination was conducted on the Complainant’s husband by a Senior Medical Examiner of the Opposite Party at his Clinic, and only on the basis of this report, th
Insurance : Repudiation of Claim : Person who affixes his signature to proposal which contains statement which is not true, cannot ordinarily escape from consequences arising therefrom by pleading th....
(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 ....
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....
(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....
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....
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) 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....
(1) The “Three-Year Rule” (Section 45) – Under the amended Section 45, a policy cannot be questioned after three years from issuance or risk commencement on any ground.(2) Agent’s Responsibility – Th....
(1) Burden of proof – Insurance is a contract of utmost good faith, but the burden of proving that the insured suppressed material facts lies strictly on the Insurer. Exclusionary clauses and allegat....
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