Back
PADMA PANDEY
SBI Life Insurance Company Ltd. – Appellant
Versus
Sujata Kakkar – Respondent
ORDER
Rajesh K. Arya, Member—The instant appeal has been filed by opposite parties No.3 & 4 - SBI Life Insurance Company Limited (appellants herein) for setting aside order dated 20.12.2024 passed by District Consumer Disputes Redressal Commission-II, U.T., Chandigarh (hereinafter to be referred as ‘District Commission’) vide which, Consumer Complaint bearing No.168 of 2020 filed by the complainant - Mrs. Sujata Kakkar (respondent No.1 herein) has been partly allowed against the appellants (opposite parties No.3 & 4) by granting following relief:-
“13] In view of the above discussion, it can be safely concluded that the act of OP No.3 & 4/Insurer in repudiating the genuine claim of the complainant is not only wrong and arbitrary but also certainly amounts to deficiency in service as well as unfair trade practice. The complaint of the complainant is partly allowed. OP No.3 & 4 are directed to pay the sum assured Rs.15,50,000/- to the complainant along with interest @ 6% per annum from the date of repudiation of the claim i.e. 31.07.2019 till the date of its actual realization.
14] The complaint qua OP No.1 & 2 stands dismissed.
15] The above said order shall be complied with by
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) 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....
Insurance—Repudiation of death claim on the ground of concealment of disease must be supported with reliable and cogent 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....
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
