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
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.
2.1. Aggrieved by Ext.P4 decision, the 1st respondent approached the 2nd respondent Insurance Ombudsman with Ext.P5 complaint dated 04.10.2023. As directed by the 2nd respondent, the 1st respondent submitted the details, such as the written consent, the details of the policy, and also Ext.P6 certificate dated 21.10.2023 issued by Dr.Jaisankar P., a Consultant Medical Oncologist, Lissie Hospital, Ernakulam. However, by Ext.P7 order dated 07.06.2024, the 2nd respondent dismissed the complaint of the 1st respondent, holding that the decision of the 1st appellant rejecting her claim and holding th
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