MAHAVEER SHARMA Vs. EXIDE LIFE INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal is arising out of order dtd. 28/5/2019 passed by the National Consumer Disputes Redressal Commission, New Delhi, (for short, "the National Commission") in First Appeal No. 1963 of 2018 dismissing the appeal preferred by the present appellant against the order dtd. 27/9/2018 passed by the Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short, the "State Commission") by which the claim of the present appellant was rejected on account of suppression of material facts.

(3.) The facts of the case reveal that the father of the appellant - Ramkaran Sharma had obtained an insurance policy from the respondent - Exide Life Insurance Co. Ltd. on 9/6/2014 and unfortunately, died in an accident on 19/8/2015. The present appellant being the son of late Ramkaran Sharma submitted a claim for payment of benefits under the policy; however, the said claim was repudiated vide letter dtd. 3/3/2016. The claim was repudiated on the ground that there was material suppression by the father of the appellant while applying for insurance policy and respondents have relied upon the terms and conditions of Exide Life My Term Insurance Plan (UIN-114N063V01) in rejecting the claim. The appellant being aggrieved by repudiation of the claim submitted a complaint before the State Commission and the claim was dismissed vide order dtd. 27/9/2018 on the grounds that while submitting the proposal, the deceased insurer had disclosed only one policy taken by him from Aviva Life Insurance whereas he had concealed other insurance policies which he had taken from the Life Insurance Corporation of India and were in force at the time the insurance cover was sought.