THE DIVISIONAL MANAGER, L.I. C. OF INDIA, AND THE BRANCH MANAGER, L.I.C. OF INDIA Vs. SUSHILA AGARWALLA, W/O. NANDULAL AGARWALLA AND RAJ KISHORE MAHARANA AUTHORISED AGENT OF L.I.C.I

JUDGEMENT

(1.) AFORESAID each appeal relates to the one and same "Asha Deep Policy" bearing No. E -580479436 dated 28.11.1993 with assured sum of rupees 1,00,000/ - (Rupees One Lakh) in favour of Sushila Devi Agrawalla, wife of Nandulal Agrawalla by Life Insurance Corporation of India in short, L.I. C. C.D. Case No. 43 of 1996 had been filed by the insured Sushila Devi Agrawalla against the L.I. C. represented by its Divisional Manager, Berhampur Ganjam Division, Berhampur, Branch Manager Phulbani, Dist -Kandhamal and Sri R.K. Maharana, the L.I. C. authorised agent At/P.O./ Dist. Boudh claiming 50% of the sum assured with interest, etc. due to complete partial disablement. The aforesaid Opposite Parties have filed C.D. Appeal No. 265 of 1997 being aggrieved against the orders dated 21.03.1997 of the District Forum, Boudh in C.D. Case No. 43 of 1996. In the meantime, on 28.08.1999 said Sushila Devi Agrawalla died. Thereafter, her nominee, husband -Nandulal Agrawalla filed C.D. Case No. 34 of 2000 in the same District Forum claiming the balance payment of 50% of the sum assured with other benefits in respect to aforesaid "Asha Deep Policy" against the above mentioned Opposite Parties. Being aggrieved against the orders dated 25.06.2002 of the District Forum, Boudh in C.D. Case No. 34 of 2000, the aforesaid Opposite Parties have filed C.D. Appeal No. 454 of 2002. In view of this state of affairs, both the Appeals were heard in one day one after the other and a common order is being passed for the shake of convenience.

(2.) THE brief admitted facts of both the case are that Sushila Devi Agrawalla, the wife of Nandulal Agrawalla, the complainant of C.D. Case No. 43 of 1996, had taken Asha Deep Policy under Life Insurance Corporation of India (L.I.C.) bearing No. E -580479463 dated 28.11.1993 through L.I.C. authorised agent Sri Rajkishore Maharana (Ext. 1) for an assured sum of rupees 1,00,000/ - (Rupees One Lakh). Her husband - Nandulal Agrawalla is her nominee. She had deposited rupees 6477/ - on 31.12.1993 and rupees 6744/ - on 23.12.1994 as two yearly instalments.

(3.) THE case of the complainant Sushila in C.D. Case No. 43 of 1996 in brief is that in view of the policy condition, she had undergone medical check up including E.C.G. test by the Doctor of the L.I.C. After through check up and interrogation, in respect to several matter, the L.I.C. Doctor recommended the complainant as a "First Class Life" for taking Asha Deep Policy. Accordingly, the L.I.C. accepted her proposal and issued Asha Deep Policy in her favour. Sushila suffered an attack of paralytic stroke leading to permanent disability of her left leg and hand on 05.12.1994, when the policy was existing. She remained under the treatment of Sri H.K. Mohapatra, M.D. Medicines of the Sub -Divisional Hospital, Boudh from 05.12.1994 and as per the advice of the doctor, she was shifted to Burala and was treated in the Gupta Narsing Home from 11.12.1994 to 15.12.1994. Her husband wrote to the Branch Manager of L.I.C., Opposite Party No. 2 intimating about her paralytic stroke as a result of which the L.I.C., Phulbani Branch issued her favour a claim form on 02.02.1995. Complainant sent the said form duly filled accompanied with the certificates of the treating doctors at Boudh and Burla. But, vide registered letter dated 20.11.1995 the Divisional Manager, L.I.C., Berhampur, Opposite Party No. 1, repudiated the claim under the said policy as the policy is declared as void in view of policy condition due to suppression of material facts in the proposal form about complainant's suffering from diabetic mellitus and hypertension. Therefore, the complainant filed C.D. Case No. 43 of 1996 claiming 50% of sum assured and 10% of sum assured till today with other claim all amounting to rupees 3,05,000/ -.