Reserved
State Consumer Disputes Redressal Commission
U.P. Lucknow.
Appeal No.2044 of 2008
1- Life Insurance Corporation of India
Branch Office Sant Kabir Nagar
Through Branch Manager
2- Life Insurance Corporation of India
Divisional Office Pratibha Complex
Jublee Road, Gorakhpur.
Through Divisional Manager
….Appellants.
Versus
Km. Ajita Tripathi
Aged about 13 years
D/o Late Sri Omkar Nath Tripathi
R/o Village Baraipur (Harpur)
Post Pachnauri, Tehsil Mehdawal
District Sant Kabir Nagar
Through its natural guardian and uncle
Sri Sandeep Tripathi
.…Respondent.
AND
Appeal No.2045 of 2008
1- Life Insurance Corporation of India
Branch Office Sant Kabir Nagar
Through Branch Manager
2- Life Insurance Corporation of India
Divisional Office Pratibha Complex
Jublee Road, Gorakhpur.
Through Divisional Manager
….Appellants.
Versus
Mrs. Gangotri Devi
W/o Sri Narsingh Tripathi
R/o Village Hapur
P.O. Pachheuri
District Sant Kabir Nagar
.…Respondent.
Present:-
1- Hon’ble Sri Rajendra Singh, Presiding Member.
2- Hon’ble Sri Sushil Kumar, Member.
:2:
Sri Arvind Tilhari, Advocate for the appellants.
Sri Veer Raghav Chaubey, Advocate for the respondent.
Date 1.9.2021
JUDGMENT
Per Sri Rajendra Singh, Member-
The Appeals, Appeal no.2044/ 2008 and Appeal no.2045 /2008 are related to each other hence both appeals are being decided by a common judgment.
The appeal no.2044/ 08 has been filed under Section 15 of the Consumer Protection Act against the judgment and order dated 24.07.2008 passed by the Learned District Forum, Gorakhpur in complaint is number 445 of 2005, Jyoti Tripathi Vs. Life Insurance Corporation of India while Appeal no 2045 of 2008 has been filed against the judgment and order dated 24.07.2008 by the Learned District Forum, Gorakhpur in complaint case number 447 of 2005, Gangotri Devi Vs Life Insurance Corporation of India.
The main grounds of appeal are that, that in appeal number 2044, policy number 2916454334 Rs.1 lakh became effective on 28 October 2001 as per proposal declaration dated 30 October 2001 against the half yearly premium of Rs.640/– payable in the months of April and October every year. The policy lapsed due to non-payment of premium and was revived on 15 November 2004. The life assured expired on 30 November 2004. It is within one year of revival of the policy as such the claim being early death claim, it was got investigated and came to notice that the lapsed policy was got revived by false declarations of ill health but the learned forum has erred in not appreciating the same judiciously.
The lapsed policy was revived only as per declarations made by deceased life assured on 11th November 2003 in self Health Declaration Statement. He was having fever, cough, headache, left side palaces and fits for the last one and half years and was under treatment of local practitioner before consulting at AIMS, New Delhi in July 2004. Through undisputed medical evidence it is beyond doubt
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