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2022 Supreme(P&H) 2036

VINOD S. BHARDWAJ
Aviva Life Insurance Company India Limited – Appellant
Versus
Sarita Tripathi – Respondent


Advocates appeared:
Mr. Manish Jain, Advocate, for the Appellant; Mr. Rajesh Lamba, for the Respondent.

JUDGMENT

Vinod S. Bhardwaj. J. - The point which arises for consideration in the present petition is as to whether an Insurance Company would be entitled to repudiate an insurance claim on the grounds of suppression of material information regarding health condition when death in question is wholly unrelated to health conditions and is an outcome of motor vehicular accident.

2. The present writ petition has been filed under Articles 226/227 of the Constitution of India, 1950 raising a challenge to the Award passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon, in case titled as 'Sarita Tripathi Vs. Aviva Life Insurance Company Limited' dated 17.03.2015, in application No.51 of 2014.

3. Briefly summarized, the facts involved in the present writ petition are that respondent No.1- applicant had preferred an application under Section 22 - C of the Legal Services Authority Act, 1987, claiming that her deceased husband Rajesh Kumar Mani had insured himself with the Petitioner - Life Insurance Company in the month of November 2011 for a sum of Rs.20 lacs vide Policy No.ALA3087829. At the stage of availing the said life insurance policy, the deceased husband of the respondent

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