BRANCH MANAGER, LIC OF INDIA Vs. BOORLA LAXMINARAYANA

JUDGEMENT

(1.) This is an appeal filed by the Opposite parties aggrieved by the orders dated 01.09.2015 of District Consumer Forum, Karimnagar made in CC No.175/2015 in allowing the complaint and directing the Opposite parties to pay the sum assured of Rs.1,00,000/- along with interest @ 9% per annum from the date of death of insured (10.07.2014) till realization and to pay Rs.10,000/- as compensation on account of mental agony and hardship and Rs.5000/- as costs of litigation granting time of (30) days.

(2.) For the sake of convenience, the parties are referred to as arrayed in the complaint.

(3.) The case of the Complainant, in brief, is that he is resident of Vannaram village and husband of one Boorla Muneshwari @ Munawa, who died on 10.07.2014. During her lifetime, she obtained policy bearing No.686157092 from the Opposite parties, for an assured sum of Rs.l,00,000/-. To his misfortune, his wife died on 10.07.2014. She had paid the premium of Rs.1312/- on 28.12.2011, 03.04.2012, 28.09.2012, 26.01.2013, 18.07.2012, 20.04.2013, 25.07.2013 and Rs.2665.50 on 13.01.2014. As a nominee, when he claimed the death benefits, by letter dated 30.03.2015, the Opposite parties repudiated the Claim on the premise that deceased had suffered with Rheumatic heart disease and severe mitral Stenosis and had undergone surgery on 23.10.2009 prior to proposal, which was not revealed at the time of taking the policy. This act on the part of the Opposite parties amounts to deficiency of service and hence filed (he complaint praying to direct the Ops to pay Rs.1,00,000/- with interest @ 2% p.a. from the date of death i.e., 10.07.2014 till payment and to pay Rs.50,000/- towards compensation.