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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Parul Agrawal – Appellant
Versus
Life Insurance Corporation of India – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
In Re: Order on the Application for condonation of delay:
Registry has reported that the present Special Appeal is filed beyond time by 14 days. Sufficient reason is disclosed for the delay, so occasioned.
2. A feeble attempt has been made by the learned Counsel for the respondents to oppose the said Appeal on the ground of delay.
3. This application for condonation of delay is duly supported by an affidavit.
4. Cause of delay in filing of the Appeal has been explained to the satisfaction of the Court. Accordingly, the Application for the condonation of delay in filing of appeal is allowed. Delay is condoned. Special Appeal is treated to have been filed within time.
In Re: On the Special Appeal
1. We have heard Sri Rajendra Pratap Singh, learned counsel for the appellant and Sri Udai Shanker Mishra, learned counsel for respondents-Life Insurance Corporation of India (LIC) and perused the materials available on record.
2. With the consent of the learned counsel for the parties, this Court proceeds to decide the present Special Appeal at the admission stage itself.
3. This intra-Court appeal is directed against the judgment and order dated 3.4.2023 passed
The duty of utmost good faith in insurance requires full disclosure of all material facts, and non-disclosure can lead to claim rejection.
Point of Law : There is no good ground to interfere in the orders impugned.
The duty of the proposer to disclose all material facts in the proposal form and the materiality of the non-disclosed information for the assessment of risk in insurance contracts.
The insurer cannot repudiate a life insurance claim based on non-disclosure of a previous policy if it failed to verify existing records, as this does not constitute material suppression.
1) Per Sec. 45 of Insurance Act, claim can be repudiated, if it is proved that the assured knowingly and fraudulently suppressed the material facts.2) Contractual duty so imposed on the Insured is su....
1) Non-disclosure of 3 policies obtained from Pvt. insurance co. not a material fact to repudiate the claim of the Respondents.2) Impugned policies are not the mediclaim policies nor the death of the....
Insurance – Materiality of a certain fact is to be determined on a case-to-case basis – However, burden of proving fact which excludes liability of Insurer to pay compensation lies on Insurer alone a....
Insurers can reject life insurance claims for non-disclosure of previous policies, highlighting the necessity for utmost good faith in insurance contracts.
The duty of the insured to disclose all material facts at the time of obtaining an insurance policy, the significance of material facts in influencing the decision of a prudent insurer, and the conse....
Point of Law : No fault can be found with the repudiation and the order of Ombudsman affirming the said repudiation and disallowing the claim. [Para 13]
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