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INDER JIT SINGH
SBI Life Insurance Company Limited – Appellant
Versus
Navneet Naroliya – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 58 1 (b) of Consumer Protection Act 2019, against the order dated 17.06.2022 of the State Consumer Disputes Redressal Commission Madhya Pradesh (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.397 of 2015 in which order dated 17.06.2022 of District Consumer Disputes Redressal Commission Jabalpur (hereinafter referred to as District Commission) in Consumer Complaint (CC) No.64 of 2014 was challenged, inter alia praying for setting aside the order of the State Commission dated 17.06.2022 of the State Commission.
2. The Revision Petitioner (hereinafter also referred to as OP) was Appellant before the State Commission and OP(s) before the District Forum, the Respondent (hereinafter also referred to as Complainant) was the Respondent before the State Commission and Complainant before the District Forum.
3. Notice was issued to the Respondent on 18.08.2022. The Petitioner filed Written Arguments/Synopsis on 08.02.2024. Respondent also filed Written Arguments / Synopsis on 27.01.2022 and 03.01.2024.
4. Brief facts of the case as presente
There should be nexus with pre-existing disease & disease for which claim has been made.
(1) Insurance – A contract of insurance is one of utmost good faith. (2) Proposer – Proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts bearing upon t....
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 Policy must be read holistically so as to give effect to reasonable expectations of all parties including insured & beneficiaries.
(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....
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....
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) 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 ....
(1) Proof of delivery - In the absence of proof of delivery, therefore, Commission cannot rely solely on the Respondent’s statement before the District Commission that it had duly supplied the terms ....
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