NEW INDIA ASSURANCE COMPANY LIMITED Vs. VISWANATH MANGLUNIA

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant against the order dated 25.5.2004 passed by the learned District Forum, Jaipur -II, Jaipur in Case No. 27/2004 by which the complaint filed by the complainant -respondent No. 1 under Section 12 of the Act of 1986 was allowed in the manner that the appellant -New India Assurance Company limited was directed to pay to the complainant -respondent No. 1 a sum of Rs. one lac as claim amount within two months failing which the complainant respondent No. 1 would be entitled to get interest @ 9% p.a. from the date of order till payment was made and the appellant was further directed to pay to the complainant respondent No. 1 a sum of Rs. 5,000 as amount towards mental agony and Rs. 1,000 as cost of litigation.

(2.) THE necessary facts giving rise to this appeal are as follows :

(3.) IN this appeal, the main contention of the learned Counsel for the appellant is that since the complainant -respondent No. 1 was a heart patient and since he has deliberately not disclosed his heart disease including IHD in his declaration form dated 17.1.2002, therefore, on the ground of suppression of material facts i.e., heart disease, his claim was rightly repudiated by the appellant and the learned District Forum has committed serious error in decreeing the claim of the complainant respondent No. 1 and, thus, the impugned order cannot be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.