sc lcBt Al 16812Ot4

129 I Date of Filing: 10.02.2014 Date of Disposal: t7 .03.2026 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMI SION, KALBURGI CIRCUIT BENCH DATED, THIS THE 17TH DAY OF MARCH. 2026 PRESENT HON,BLE MT JUSTICE T G SHIVASHANKARE GOWDA:

PRESIDENT HON,BLE MTs DIVYASHREE M: LADY MEMBER sc/cBL/29/ Al L68/2OL4 Mr Prasanna Renuka S/o Mr Siddaramaswami Hiremath Age: 40 years Occ:Advocate Guru Sadan Opp. Government High School Yelaburga Taluk, Koppal District. Appellant (By Mr N P Singri, Advocate)

-Versus-

The Manager Bajaj Alliance Life Insurance Co. Ltd., K A Kalaburgi Square Second Floor Opp. Corporation Hubli, Dharwad District Respondent (By Mr J R Jagadish, Advocate)

)

sc lcBr 129 I Al 16812Or4 : ORAL ORDER:

PER: Mr JUSTICE T G SHMSHANKARE ^GOWDA:

PRESIDENT This Appeal is filed U/S 15 of the ^Consumer Protection Act, 1986 by the Complainant ^{(herein after} referred to as 'the OP'), challenging ^{the Order dated} t7.OL.2Ol4 ^passed in Consumer ^{Complaint No'55/2013 by} the District Consumer Disputes Redressal Commission, Koppal (in short'District Commission').

2. The Appellant was the ^{Complainant and}, Basavannemma, the mother of the Complainant, during Respondent was ^the OP before ^{the District Commission'} For ^the sake of convenience, ^{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 ^Smt. her life time, on 17.08.2012, submitted a ^proposal to the OP ^for an insurance PolicY ^for Sum Assured Rs.5,00,000/-. Her proposal was accePted and ^policy was issued ^on , sclcBll29lAl168l2Or4

18.08.2012 vide policy bearing No.278349720. ^Smt.

to Basavennemma was died on 08.03.2013 due heart attack. Hence, the Complainant being nominee ^{to the said} policy submitted a claim to the OP. On 25.07.2013, OP has repudiated the claim on the ^ground of suppression of material facts stating that the deceased had ^previously undergone coronary artery surgery, ^pleading deficiency ⁱⁿ service, Complainant has filed the complaint.

4.

Before the District Commission, the OP has ^opposed the Complaint by filing its version, contending ^{that the} deceased had underwent coronary heaft surgery ^{at Fofties} Hospital, six months prior to submitting the ^{proposal for} policy and had suppressed the previous ailments. Therefore, claim was repudiated, there is no deficiency ⁱⁿ service and sought for the dismissal of the complaint.

5.

The District Commission after hearing the arguments of both the pafties, by impugned order held that there ^is suppression of material facts, as the deceased ^had undergone open heart surgery at Fortis Hospital, ^{within six} sc I cBr 129 I Al 168l2Ot4 months prior to the ^proposal and not disclosed ^the the previous ailment, ultimately dismissed complaint. Aggrieved by the same, Complainant ^{has preferred this} Appeal.

6. We have heard the arguments of learned counsels appearing for both the ^parties.

7 The Point that arises for our consideration ^{is :-}

Whether Order of the District Commission in dismissing ^the Complaint is perverse, illegal and calls for our interference?

: REASONS:

8. It is contended by the ^{learned counsel for the} Complainant that the Dlstrict Commission ^{neither referred} to the case of ^the Complainant nor ^{discussed the evidence} on record and has directly accepted ^{certain paragraphs} pleaded in the verslon filed by OP. It is further contended that the case laws relied upon by the Complainant was not discussed and that the OP has not ^{produced any evidence} to establish the alleged previous ailments ^{or the surgery} undergone by the mother of the Complainant. ^{The District}

sc I cBl l2e I Al 168l2ot4 Commission has ^passed the cryptic order and sought for remand of the matter.

9.

Per contra, learned counsel for the OP has contended

that entire facts of ^the case has been summarised and ^the relevant aspects have been duly considered by the District Commission. The OP has placed material to show that Smt.Basavannemma was undergone heart surgery ^at Fortis Hospital, Bengaluru a