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VINOD S. BHARDWAJ
Davinder Singh – Appellant
Versus
Chairman Permanent Lok Adalat SAS Nagar, Mohali – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
The present petition raises a challenge to the Award dated 09.11.2017 (Annexure P-7) passed by Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali, whereby the application under Section 22 -C of the Legal Services Authority Act, 1987 filed by the petitioner had been dismissed.
2. Briefly summarized, the facts of the present case are that Harkamal Singh son of the petitioner had taken two policies in September 2012 bearing Nos.165440461 and 165440462 for Rs.1,00,000/- each from the respondent-LIC. However, on account of an accidental consumption of insecticide for medicine, he died on 20.10.2012. The petitioner being nominee in the aforesaid policies filed claim with the respondent-LIC. However, vide letter dated 31.10.2014, the above-said claim was repudiated on the ground that Harkamal Singh had committed suicide. The relevant extract of letter of repudiation reads thus:
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.
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.
The court established that conciliation proceedings under the Legal Services Authorities Act are mandatory, and failure to adhere to this process invalidates any resultant award.
Point of Law : Plea of limitation taken up in the present case on the strength of clause 20 of the agreement read with Article 44 of the Schedule appended to the Limitation Act, would not defeat the ....
Insurers must comply with statutory obligations of disclosure; failure to do so prevents repudiation of claims based on misrepresentations in policy applications.
(1) Failed to discharge the services – The insurer failed to discharge its service obligations by rejecting a genuine claim based on a Chemical Analysis report showing alcohol presence, while ignorin....
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
Insured is not entitled to compensation when on facts it is proved that he was intoxicated and that his death was due to intoxication.
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