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KUMKUM RANI, B. S. MANRAL
Life Insurance Corporation of India through its Manager – Appellant
Versus
Roopa – Respondent
ORDER
Kumkum Rani, President—This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against the impugned judgment and order dated 13.09.2019 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 46 of 2015, styled as Smt. Roopa Vs. Manager, Life Insurance Corporation of India and another, wherein
and whereby the consumer complaint was allowed.
2. The facts giving rise to the present appeal, in brief, are, as such that late Nathi Ram, the deceased husband of respondent/complainant - Smt. Roopa, during his lifetime, had purchased a life insurance policy bearing No. 273119859 on dated 04.11.2010 for assured sum of Rs.3,00,000/-. The life assured expired on 07.12.2010 and intimation regarding death of the life assured was given to the insurance company. The complainant submitted the claim form along with all requisite documents in the office of the insurance company, but after expiry of long time, the claim amount was not paid to the complainant and the same was avoided, saying that the claim papers are under investigation and after conclusion of investigati
Pre-existing disease – life assured has deliberately concealed the true facts about his state of health and suppressed his pre-existing disease.
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Insurance—Repudiation of death claim on the ground of concealment of disease must be supported with reliable and cogent evidence.
Nominee - The nominee / mother of the life assured has to state all the true and relevant facts regarding the health condition of the life assured and in case if something is found untrue to be conta....
(1) Policy was obtained by concealment of material fact; hence, insurance contract became void ab initio in terms of the declaration signed by the insured, not a valid contract.(2) Finding of materia....
Life Insurance Policy – Repudiation of death claim on the ground of suppression of material facts – Mere existence of past medical records is insufficient unless knowledge on part of insured is prove....
(1) 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 th....
(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....
Repudiation of death claim on the ground of concealment of pre-existing ailment – Onus lies upon Insurance company to prove factum that at the time of taking insurance policy in question, deceased li....
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