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INDER JIT SINGH
Lok Nath – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21(b) of Consumer Protection Act, 1986, against the order dated 22.11.2018 of the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 253/2018 in which order dated 15.06.2017 of District Consumer Disputes Redressal Forum, Ludhiana (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 334 of 19.05.2015 was challenged, inter alia praying for setting aside the order dated 15.06.2017 passed by the District Forum and order dated 22.11.2018 passed by the State Commission.
2. While the Revision Petitioner(s) (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Forum and the Respondent (hereinafter also referred to as OP/Insurance Company) was Respondent before the State Commission and Opposite Party before the District Forum. Notice was issued to the Respondent on 27.03.2019. Parties filed Written Arguments on 10.11.2022 (Petitioner) and 13.02.2023 (Respondent) respectively.
3. Brief facts of the
(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) 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 ....
Insurance Policy must be read holistically so as to give effect to reasonable expectations of all parties including insured & beneficiaries.
There should be nexus with pre-existing disease & disease for which claim has been made.
Existence of Disease – There is no reason for the insurance company to connect the existence of diabetes with the disease for which treatment has been taken.
Medical Examination – Insurance company is responsible for conducting a medical examination of the policyholder in advance.
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....
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