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SUBHASH CHANDRA, J. RAJENDRA
Majeed Akram – Appellant
Versus
Life Insurance Corporation of India – Respondent
ORDER
Subhash Chandra, Presiding Member—This order will dispose Revision Petition no. 2634 of 2016 filed under Section 21(b) of the Consumer Protection Act, 1986, (in short, the “Act”) setting aside the order dated 31.05.2016 of the Rajasthan State Consumer Dispute Redressal Commission, Jaipur (“State Commission”) in Appeal no. 65 of 2016, allowing the appeal and setting aside order dated 16.12.2015 of the District Consumer Disputes Redressal Forum, Nagaur (“District Forum”).
2. We have heard the learned counsel for the parties and given careful consideration to the material on record.
3. Briefly put, the facts of the case are that the father of the petitioner late Shri Jumma, had taken an insurance policy on 27.08.2013 from respondent no. 1 for a sum of Rs.5,00,000/-. The policy was issued based on a proposal form filled by an insurance agent and signed by the policy holder. The policy holder expired on 16.09.2013 due to a heart attack and an insurance claim was filed by the present petitioner with the respondent. As the claim was not settled despite reminders and representations, consumer complaint no. 195 of 2014 was filed before the District Forum alleging deficiency in service.
(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) 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) 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 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) 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....
(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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