RAMESHWARI DEVI SONI Vs. LIC OF INDIA

JUDGEMENT

(1.) THIS appeal arises out of order dated 24.5.2003 passed by the District Consumer Forum (DCF), Nagaur whereby the complaint of the Complainant was dismissed.

(2.) LATE Shri Ajay Soni, the Life Assured (LA) obtained a life policy of Rs. 5,00,000 by submitting a proposal form on 26.1.2001 wherein he claimed himself to be healthy and gave answsers in negative to all the questions pertainting to certain diseases. He died on 9.4.2001 and the Complainant being the nominee under the policy lodged a claim with the Insurance Corporation but the claim was repudiated vide letter dated 12.10.2002 on the ground that the insured had been suffering from Jaundice, etc. for which he had taken the treatment but he did not disclose this material fact in the proposal form rather gave false answers therein. The learned DCF on the basis of certificate issued by Govind Ballabh Pant (GBP) Hospital, New Delhi came to the conclusion that the LA had suffered from jaundice before taking the policy and taking it to be a case of suppression of material fact, dismissed the complaint.

(3.) WE have considered the arguments advancedby both the Counsel and gone through the file.