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2019 Supreme(Ker) 472

SHAJI P.CHALY
Star Health and Allied Insurance Company Ltd. – Appellant
Versus
Byju S. – Respondent


Advocates Appeared:
For the Petitioner: Sri. R.S. Kalkura, Adv
For the Respondent: Sri. Bimal K.Nath, Smt.Divya C Balan, Smt. M.K. Shimi, Sri. D. Sreenath, Sri. Sreevalsan.V

JUDGMENT :

This writ petition is filed by the petitioner Insurance Company, challenging Ext.P11 award passed by the Insurance Ombudsman, Kochi in Complaint No.KOC-G- 044-1415-0003, directing the petitioner to pay an amount of Rs.1,00,000/- towards ex-gratia to the 1st respondent claimant, though the Ombudsman found that there was material suppression of facts, and therefore, the contract entered into by and between the petitioner and the 1st respondent is null and void. Brief Material facts for the disposal of the writ petition are as follows:

2. The 1st respondent had taken a Basic Floater Star Health Medi-claim Policy from the petitioner. The coverage of the policy was from 22.10.2012 to 21.10.2013 for an amount of Rs.3,00,000/-. Petitioner issued the policy to the 1st respondent based on Ext.P2 proposal submitted by the 1st respondent. The declaration contained in the proposal form clearly stipulated that, in case it is found that the statements or answers given by the insured are found incorrect or false, the company would be absolved from any liability. Therefore, the acceptance of the proposal is purely on the basis of the information submitted by the customer, after the compan











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