SHRIRAM LIFE INSURNACE COMPANY LTD Vs. BUDMURU GOVINDAMMA

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.318/2009 on the file of District Forum , the opposite parties 1,2 and 3 preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant's husband insured his life with the opposite parties on 4-8-2007 for Rs.1,50,000/- vide policy bearing No. LN 11070003782 dated 5-8-2007 and the premium payable was Rs.10,000/- p.a. The complainant submitted that her husband paid two annual premiums on 23-8-2007 and 04-10-2008. The complainant submitted that her husband died on 14-1-2009 in King Goerge Hospital. Thereafter the complainant intimated the death of her husband to opposite parties on 27-1-2009 claiming payment of the assured sum of Rs.1,50,000/- and also submitted an application on 15-2-2009 but her claim was repudiated by the opposite parties on the ground that her husband suppressed pre existing disease. Hence the complaint for a direction to the opposite parties to pay Rs.1,50,000/- being the sum assured under the policy together with interest, compensation and costs.

(3.) Opposite party No.1 filed counter denying the averments made in the complaint and admitted that the husband of the complainant insured his life for Rs.1,50,000/- and nominated the complainant as his nominee. Opposite party No.1 contended that in the proposal form basing on the answers to the questionnaire, they issued the policy. After the claim was made, they came to know that the complainant's husband died due to 'Asthma' and therefore they appointed an investigator, G.Rama Murthy on 08'3-2009 and during his investigation, it was revealed that the husband of the complainant was suffering from a pre-existing disease, Asthma. which was suppressed and as such they repudiated the claim and prayed for dismissal of the complaint.