LAWS(HPCDRC)-2009-1-1

LIC, BILASPUR Vs. SAROJAN DEVI

Decided On January 01, 2009
Lic, Bilaspur Appellant
V/S
Sarojan Devi Respondents

JUDGEMENT

(1.) E have heard the appellant as well as respondent who is present in person.

(2.) LATE Shri Raj Kumar was insured in the sum of Rs. 50,000 with the appellant at Bilaspur Branch. This insurance was obtained on 28.9.2001. He died on 1.8.2002. When claim was repudiated by the appellant on 30.9.2003, as according to it, deceased had withheld material information regarding his health. At this stage, Mr. Narender Sharma also submitted that contract of insurance is based on utmost good faith and he thus pressed into service principle of uberrima fides under the Insurance Act, 1938.

(3.) OTHER facts have been noted in detail in the impugned order by the District Forum below while allowing Complaint No. 42/2005 vide impugned order passed on 13.3.2007. As such we are not repeating those. When put to notice in the complaint by the District Forum below, besides above referred grounds, it was also set up as a defence by the appellant that respondent had approached the Insurance Ombudsman but her claim was dismissed, therefore, present complaint was not maintainable. Form No. 3816, Annexure RW.4, was also pressed into service in support of this appeal by Mr. Sharma, learned Counsel for the appellant. Lastly it was urged by Mr. Sharma that this being a clear -cut case of intentional and fraudulent suppression of material facts within the meaning of Section 45 Insurance Act, 1938, as such the contract stood vitiated. Therefore, order of the District Forum below is liable to be set aside on all these grounds and he prayed for accordingly.