MALLA DEVI Vs. DIVISIONAL MANAGER, LIC OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant

(2.) IT arises in the following circumstances -

(3.) IN this appeal, the main contention of the learned counsel for the appellant complainant is that since the proposal form in question was filled in up by the agent of the respondents Insurance Co. and he had no knowledge what he had filled in up in the proposal form and further there is nothing on record to prove the fact that prior to filling in up the declaration form regarding health on 12.3.04 , the deceased had taken any treatment for kidney trouble from any hospital or from any doctor and in absence of that it could not be said that the deceased had intentionally and fraudulently suppressed the material facts regarding his health and in view of this the findings of the District Forum dismissing the complaint of the complainant appellant could not be sustained as they suffer from basic infirmity, illegality and perversity and it was prayed that appeal be allowed.