IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE       Hon’ble Thiru Justice R. SUBBIAH         PRESIDENT

                   Thiru R. VENKATESAPERUMAL                MEMBER

 

CC.NO. 142/2015

 DATED THIS THE  28^th DAY OF  APRIL 2022

1.       Jayasree Abbineni

W/o. Late Muralikrishna Abbineni

 

2.       Vamsee Krishna Abineni

S/o. Late Muralikrishna Abbineni

 

3.       Varun Abbineni

S/o. Late Muralikrishna Abbineni

 

All are residing at

New No.6, Old No.23, Officer’s Colony

1^st Street, Metha Nagar

Chennai – 600 029                                                                                                                                        ....Complainants

 

                                                  Vs 

 

1.       Life Insurance Corporation of India

          Rep. by its Zonal Manager

LIC Buildings, No.153, Anna Salai

Chennai – 600 002

 

2.       Life Insurance Corporation of India

Rep. by its Manager (Claims)

C-47, 2^nd Avenue, Anna Plaza

3^rd Floor, Chennai Division Office II

Anna  Nagar, Chennai – 600 040                                                                                                            ....Opposite parties

 

Counsel for complainant                               :   M/s S. Udhaya Kumar

Counsel for opposite parties                          :  M/s. Manoj Sreevalson

 

                This complaint coming before us for hearing finally on 19.4.2022         and on hearing the arguments of counsel appearing for bothsides and upon perusing the material records this Commission made the following order:

 

ORDER

Justice R. SUBBIAH,  PRESIDENT    

1.       This complaint has been filed under Sec.17 of Consumer Protection Act 1986, against the opposite parties claiming a sum of Rs.25,00,000/- under Jeevan Anand (with profits) (with accident benefit) Policy alongwtih interest @ 18% p.a., from the date of death i.e, 28.1.2014 till payment alongwith compensation of Rs.1,00,000/- for mental agony and Rs.1,00,000/- towards compensation for deficiency in service and cost.

2.       The averments in the complaint reads as follows:

           The complainant had taken an insurance policy viz. Jeevan Anand (with profits) (with accident benefits) in the name of A.Muralikrishna, who is the husband of the 1^st complainant, and father of the 2^nd 3^rd complainant.  The policy No.707876419 commences from 2.2.2013, and the period of policy is 149-43-18 and sum assured is Rs.2500000/-.  The premium is yearly.  At the time of taking the policy the life insured was 57 years.  The policy holder was not having any ailment before taking the policy, and the opposite party had done medical examination and after satisfaction of the said medical examination and its report, the policy was accepted.  The policy holder was also remitting the premium promptly.   While so on 28.1.2014 the policy holder died, which was also intimated to the opposite party.  The 1^st complainant is the nominee of the said policy.  She has claimed the insurance amount due to the death of the policy holder.   But the death claim in policy No. 707876419 was withheld on flimsy reasons stating that in the proposal for life assurance dt.18.3.2013, the policy holder had stated that during the last 5 years there was no ailment and that he was not suffering due to tuberculosis.  According to the opposite parties the information furnished are false and the opposite party have reason to believe that the deceased life assured had history of tuberculosis in April 2012 and had taken treatment for the same.  In fact before taking the policy, the approved medical practitioner of the opposite party had examined the deceased and medical report was also submitted alongwith the proposal form.  Admittedly the policy holder was not having any ailment such as tuberculosis or any other decease at the time of taking policy during 2012.  But the claim of the complainant was repudiated by the Senior Manager of the opposite party vide letter dt.1

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