M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                                    FIRST APPEAL NO. 256 OF 2014

(Arising out of order dated 12.12.2013 passed in C.C.No.11/2012 by the District Commission, Narsinghpur)

 

LIFE INSURANCE CORPORATION

OF INDIA, THROUGH BRANCH MANAGER,

BRANCH-NARSINGHPUR,

TEHSIL & DISTRICT-NARSINGHPUR (M.P.)                                                    …          APPELLANT.

 

Versus                

SMT. MEENA BAI PATEL,

W/O LATE JEEWAN SINGH PATEL,

R/O BELKHEDA, POST-KARAKBEL,

TEHSIL & DISTRICT-NARSINGHPUR (M.P.)                                                     …         RESPONDENT.                                  

                                  

BEFORE:

                  HON’BLE SHRI A. K. TIWARI                    :      PRESIDING MEMBER

                  HON’BLE DR. SRIKANT PANDEY             :      MEMBER 

                 

COUNSEL FOR PARTIES :

      Shri Jatin Rohit Gupta, learned counsel for the appellant-LIC.

      None for the respondent/complainant.                                                                             

                                                            

                                                            O R D E R

                                       (Passed On 30.11.2022)

                   The following order of the Commission was delivered by A. K. Tiwari, Member:    

                  The opposite party /appellant has filed this appeal against the order dated 12.12.2013 passed by the District Consumer Disputes Redressal Commission, Narsinghpur (for short the ‘District Commission’) in C. C. No. 11/2012 whereby the complaint filed by the complainant/respondent has been allowed and the opposite party/appellant Life Insurance Corporation of India (hereinafter referred to as ‘LIC’) is directed to pay to the complainant sum insured Rs.50,000/- with interest @10% p.a. from 15.03.2008 till payment. Compensation of Rs.5,000/- along with costs of Rs.3,000/- is also awarded.

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2.                Brief facts of the case are that complainant’s late husband Late Jeewan Singh Patel (hereinafter referred to as ‘deceased-insured’) during his life time on 15.03.2008 had obtained ‘New Bima Gold Policy’ bearing no. 355205526 for sum insured of Rs.50,000/- from the LIC.  During currency of the policy, policy holder died on 30.07.2009 due to heart attack in Nagpur and his wife Smt. Meena Bai Patel, the complainant, who was the nominee, filed an insurance claim along with requisite documents with the opposite party-LIC.  The opposite party-LIC repudiated the claim on the ground that the deceased-insured had concealed the material information regarding pre-existing disease while filing the proposal form for obtaining the insurance policy. The complainant therefore, alleging deficiency in service on part of the opposite party-LIC filed a complaint before the District Commission, seeking relief.

3.                The opposite party resisted the complaint stating that the deceased-insured had given incorrect information in Clause 11 of the proposal form regarding his health and concealed material facts while obtaining the insurance policy as he was suffering from heart & kidney disease before filing the proposal form and also died due to heart & kidney disease. The opposite party-LIC therefore repudiated the insurance claim and while doing so, it has not committed any deficiency in service.

4.                The District Commission vide impugned order holding the LIC deficient in service in repudiating the claim directed the LIC to pay to the complainant sum insured Rs.50,000/- along with interest @ 10% p.a. from

 

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15.03.2008 till payment.  Compensation of Rs.5,000/- along with costs of Rs.3,000/- has also been awarded.  Hence this appeal.

5.                Heard. Perused the record.

6.                Learned counsel for the opposite party /appellant argued that th

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