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J. RAJENDRA
Subhash Chandra Sharma – Appellant
Versus
Life Insurance Corporation of India – Respondent
ORDER
This Revision Petition No.19 of 2023 challenges the order of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Udaipur (‘the State Commission’) dated 29.09.2022. Vide this order, the State Commission dismissed Appeal No.140/2017 and affirmed the order of the District Consumer Disputes Redressal Forum, Chittorgarh (‘the District Forum’) dated 20.06.2017.
2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the Petitioners/Complainants, are that the petitioners, residents of Begun, purchased two insurance policies, “Jeevan Aarogya-903”, for their son Tushar Jangid from the OPs. The first policy No.10583072 was issued on 06.08.2011 and the second policy No.108116681 was issued on 28.11.2011. They fully disclosed their son’s health condition to OP agents, including a Medical Imaging Report (MIR) dated 01.05.2007, which indicated that their son had a condition related to his left testis. The agents informed them that the policy would cover any medical expenses related to this condition, including an operation called “unilateral-orchiectomy,” listed in the p
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) 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 ....
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....
(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....
(1) National Commission - National Commission in exercise of its revisional jurisdiction Commission is not required to re-assess and re-appreciate the evidence on record.(2) National Commission - Nat....
(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....
The burden to prove misrepresentation or suppression of material facts in insurance contracts lies with the insurer, and claims cannot be repudiated without credible evidence.
(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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