LIC OF INDIA Vs. KULWANT KAUR

JUDGEMENT

(1.) NOTICE of appeal was issued to the respondent through registered post at the responsibility of the appellant but none has appeared on behalf of the respondent. We do not think it appropriate to adjourn this appeal indefinitely for service keeping in view the heavy pendency of cases in this Commission and, therefore, proceed to decide it after hearing the learned Counsel for the appellants and going through the case file.

(2.) THIS appeal has been preferred against the order dated 14.11.2006 passed by District Consumer Forum, Ambala in complaint No. 450/2005 which relates to the insurable benefits in respect of the Life Insurance Policy obtained by Dharam Singh -husband of respondent -complainant (now deceased and hereinafter referred to as the Life Assured).

(3.) UNDISPUTED facts of the present case are that the life assured -Dharam Singh had got his life insured with the appellants -opposite parties for Rs. 50,000 vide Policy No. 173127688 which commenced w.e.f. 15.3.2003. The life assured died on 18.12.2003 in P.G.I.M.S. Chandigarh. The complainant submitted claim to the opposite parties with respect to the above said policy but the same was repudiated vide letter dated 27.5.2005 on the ground that the life assured had concealed the true facts with respect to his state of health at the time of making personal statement in the proposal form while obtaining policy despite the fact that he was an old case of Hypothyroidism for the last twelve years but the life assured had given wrong answers to the question Nos. 11(e), 11(i) of the proposal form. Challenging the repudiation of her claim, the complainant invoked the jurisdiction of the District Consumer Forum by filing the instant complaint which was contested by the opposite parties on the grounds stated above and the District Forum accepted the complaint vide order dated 14.11.2006 by granting following relief: