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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MUNNURI LAXMAN, J
Life Insurance Corporation of India – Appellant
Versus
Bhagwan Lal Jat – Respondent
| Table of Content |
|---|
| 1. claimant obtained children money back plan (Para 4 , 5) |
| 2. insurer claims suppression of disability (Para 6) |
| 3. permanent lok adalat allowed the claim (Para 7) |
| 4. insurer's submission on suppression (Para 8 , 9) |
| 5. court's reference to section 45 (Para 10 , 11 , 13 , 14 , 15 , 16 , 17 , 20) |
| 6. suppression not causative of death (Para 12) |
| 7. writ petition dismissed (Para 18 , 19) |
JUDGMENT :
MUNNURI LAXMAN, J.
1) Heard learned counsel for the petitioner on admission.
2) The challenge in the present writ petition is to the award dated 03.12.2024 passed by the Permanent Lok Adalat, Chittorgarh in Case No.100/2023, whereunder the claim of the respondent for the policy amount was allowed.
3) Challenging the said award, the respondent filed the present writ petition. For convenience, the ranks of the parties as were referred before the Permanent Lok Adalat, are maintained.
4) The sum and substance of the case of the claimant is that the claimant has obtained Children Money Back Plan vide Policy No.106474476 for assured sum of Rs.3 lacs. The policy period covers from 28.09.2015 to 28.09.2038. The premium was required to be paid yearly. There was default of payment of yearly premium
Insurers cannot repudiate a policy for suppression of facts unless they prove a causal link to the cause of death; mere suppression is insufficient.
The insured's obligation to disclose health status is limited to knowledge of such conditions, and unsubstantiated claims of suppression cannot invalidate a life insurance policy.
Insurers must comply with statutory obligations of disclosure; failure to do so prevents repudiation of claims based on misrepresentations in policy applications.
In insurance contracts, the insured must disclose all material facts; failure to do so can lead to repudiation of claims under Section 45 of the Insurance Act, 1938.
Insurers have the right to repudiate life insurance policies for suppression of material facts, emphasizing the duty of utmost good faith in insurance contracts.
Insurers cannot reject claims on trivial grounds or without substantial evidence of pre-existing conditions, as it violates the insured's fundamental rights and undermines the principles of good fait....
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
The main legal point established in the judgment is that the suppression of material information regarding health condition can only lead to the repudiation of an insurance claim if the cause of deat....
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