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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
LIFE INSURANCE CORPORATION OF INDIA HEALTH INSURANCE DEPARTMENT, REPRESENTED BY ITS MANAGER (HI/ CLAIMS), DIVISIONAL OFFICE, JEEVAN PRAKASH, KOVILAKATHUMPADAM, THRISSUR – Appellant
Versus
CHANDRIKA C.P. – Respondent
| Table of Content |
|---|
| 1. writ appeal context and policy details. (Para 1 , 2) |
| 2. aggrieved parties and their actions. (Para 3 , 4 , 5) |
| 3. arguments regarding material suppression. (Para 6 , 7 , 8) |
| 4. court's factual observations on policy. (Para 9 , 10 , 11) |
| 5. ratio on disclosure and fraud. (Para 12 , 14) |
| 6. analysis of perjury and burden of proof. (Para 18 , 19 , 20 , 22) |
JUDGMENT
Muralee Krishna S., J.
The respondents 1 and 2 in W.P(C)No.15902 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 23.08.2025 passed by the learned Single Judge in that writ petition.
2. The 1st respondent-writ petitioner, who has been working as an LIC agent, availed LIC Cancer Cover Policy bearing No.317279794 for Rs.10 lakhs issued on 31.03.2022. To obtain the aforesaid policy, she submitted Ext.R2(a) proposal form dated 31.03.2022 and in that proposal form, to the question as to whether she had undergone any investigation in last six months, like, Ultrasound (USG) body scan, MRI, CT scan, Cytology, Pap smear, Mammogram, Colonoscopy, Biopsy, Blood tests, Cancer/Tumor markers, she answered in negative. According to the 1st respondent, she had undergo
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