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INDER JIT SINGH, SADHNA SHANKER
Life Insurance Corporation of India – Appellant
Versus
Shankar – Respondent
ORDER
The present Revision. Petition (RP) has been filed by the Petitioners against Respondents as detailed above, under Section 58(1)(b) of Consumer Protection Act, 2019 against the order dated 27.12.2023 of the State Consumer Disputes Redressal Commission, Karnataka (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 1591 of 2018 in which order dated 31.7.2018 of District Consumer Disputes Redressal Forum, Bidar (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 85 of 2017 was challenged, inter alia praying for setting aside the order dated 27.12.2023 of the State Commission.
2. While the Revision Petitioner(s) (hereinafter also referred to as Opposite Party) was Respondent before the State Commission and Opposite Party before the District Forum and the Respondent(s) (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Forum.
3. Notice was issued to the Respondent(s) on 3.4.2024. Parties filed Written Arguments on 20.1.2025 (Petitioner) and 20.1.2025 (Respondent) respectively.
4. Brief facts of the case, as presented by the Petitioner and as emerged from the RP
(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) 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....
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) 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....
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) 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) The Principle of Uberrima Fides (Utmost Good Faith) – The Commission reiterated that the relationship between an insurer and the insured is founded on mutual trust. The insured is under a “solemn....
Point of Law : No fault can be found with the repudiation and the order of Ombudsman affirming the said repudiation and disallowing the claim. [Para 13]
There should be nexus with pre-existing disease & disease for which claim has been made.
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