STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA FIRST APPEAL NO. SC/29/A/1693/2022 The Branch Manager,Shriram Life PRESENT ADDRESS - InsuranceCompany Limited, AralesangappaComplex, Near Mahaveera Theatre, M.C.Road, Mandya. ,KARNATAKA. The Branch Manager, Shriram Life Insurance PRESENT ADDRESS - Company Limited, Plot No.31 & 32, 5th Floor,Ramky Selenium,Beside Andhra Bank Training Centre,Financial District, Gachibowli, Hyderabad 500032. ,KARNATAKA.

.......Appellant(s)

Versus Savithramma, PRESENT ADDRESS - W/o Ramachandra, aged about 44 years, Residing at Eachagare Village, Mandya Taluk, Mandya District. ,KARNATAKA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA , PRESIDENT HON'BLE MRS. SMT. DIVYASHREE.M , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 24/07/2025

ORDER

Date of filing: 16.08.2022 Date of Disposal: 24.07.2025 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 24^th DAY OF JULY 2025 CORAM: HON’BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA – PRESIDENT and Mrs. DIVYASHREE M – MEMBER SC/29/A/1693/2022 BETWEEN:

1. THE BRANCH MANAGER, SHRIRAM LIFE INS. CO. LTD., ARALESANGAPPA COMPLEX, NEAR MAHAVEERA THEATRE, M.C. ROAD, MANDYA.

2. THE BRANCH MANAGER, SHRIRAM LIFE INS. CO. LTD., PLOT NO.31 & 32, 5^TH FLOOR, RAMKY SELENIUM, BESIDE ANDHRA BANK TRAINING CENTRE, FINANCIAL DISTRICT, GACHIBOWLI, HYDERABAD – 500032. …….. APPELLANT/S (BY SMT B S PADMAJA, ADVOCATE)

AND:

SAVITHRAMMA, W/O RAMACHANDRA, AGED ABOUT 44 YEARS, R/AT EACHAGARE VILLAGE, MANDYA TALUK, MANDYA DISTRICT. …….. RESPONDENT/S

O R A L O R D E R

(PER: HON’BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA, PRESIDENT)

This Appeal is filed U/s 41 of Consumer Protection Act, 2019 (in short CP Act) by appellant challenging the order dated: 17.06.2022 passed in CC/121/2017 on the file of District Consumer Disputes Redressal Commission, Mandya (in short the District Commission)

2. The Appellants were Opposite Parties (in short OPs) and respondent was the complainant before the District Commission. The Rank of the parties shall be referred to as per their status before the District Commission.

3. The Brief facts of the case are that; one Ramachandra (in short the deceased) is the husband of the complainant. On 30.06.2015 he had obtained a life policy with the OPs by name “Shriram New Shri Life Plan” bearing no.NP031500184354 for a assured sum of Rs.3,45,000/-. The deceased died naturally on 01.02.2017. The complainant being his wife filed a claim with the OPs. As contemplated U/s 45 of the Insurance Act, the OPs have investigated the matter as the claim was made within 02 years and came to know that the deceased was suffering from Cerebral Artery Stroke and he had earlier taken treatment at NIMHANS, Bengaluru and at the time of taking the policy he has suppressed the same. Hence the insurance company has repudiated the claim of the complainant for suppression of material facts. Aggrieved by the same, the complainant has filed complaint before the District Commission.

4. Before the District Commission, the OPs have opposed the claim on the sole ground of suppression of material fact on which the OPs can repudiate the claim.

5. Before the District Commission, the complainant filed her affidavit evidence and marked Ex.C1 to C3. The affidavit of Officer of OPs is filed and marked 07 documents as Ex.R1 to R7. The District Commission after hearing both the parties allowed the complaint in part and directed OPs to pay sum assured of Rs.3,45,000/- within 45 days from the date of receipt of the order and in default the said amount shall carry interest @ 09% p.a. from the date of death i.e., 01.02.2017, till its realization. Further directed to pay Rs.5,000/- towards deficiency in service and pay Rs.3,000/- towards compensation towards litigation expenses within 45 days from the date of receipt of the order, failing which, 06% interest p.a. will be charged on Rs.8,000/-. Aggrieved by the same, the OPs have preferred this