LIC OF INDIA Vs. KALLA VENKATRAO

JUDGEMENT

(1.) OPPOSITE parties are the appellants. Aggrieved by the order of the District Forum, Vizianagaram, in O.P. No. 83/97, dated 23.9.2002, the present appeal has been filed. The factual matrix leading to the filing of the appeal are set out as hereunder:

(2.) OPPOSITE parties 1, 2 and 4 remained ex parte. The third opposite party alone filed a counter denying the averments made in the complaint. However, the third opposite party admitted the factum of insurance and contended that in the declaration made the deceased did not disclose about the T.A.H. operation and hence sought to justify the repudiation.

(3.) BASES on the pleadings and Exs. A -1 to A -6 and B -1 to B -7, the District Forum found that there is deficiency of service on the part of opposite parties and allowed the complaint directing the opposite parties to pay a sum of Rs. 95,000/ - payable under three policies with interest at 9% p.a. from the date of repudiation till the date of realisation and also costs of Rs. 500/ -. The District Forum also fixed Advocates fee at Rs. 2,000/ -.