KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD. Vs. J & K STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAMMU AND ORS.

JUDGEMENT

(1.) Kotak Mahindra Old Mutual Life Insurance Ltd., (hereinafter to be referred to as the 'petitioner') has filed this petition under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of Jammu & Kashmir for quashing of order and judgment dated 23.09.2009 passed by the J & K State Consumer Disputes Redressal Commission, Jammu i.e. Respondent No. 1 in Appeal No. 2884/2007 titled as 'Kunti Devi v/s. Kotak Mahindra Old Mutual Life Insurance Ltd.' wherein the petitioner has been directed to pay to Respondent No. 2 a sum of Rs. 3,00,000/ - along with interest @ 9% per annum w.e.f. 16.05.2005 till date of payment as also litigation expenses to the tune of Rs. 6,000/ -. Vide order of this Court dated 31.07.2014, application for impleading legal heirs of deceased Respondent No. 2 was allowed and the two sons and one daughter of deceased Respondent No. 2 through their legal guardian were brought on record. Brief facts necessary for the adjudication of the instant petition are that: -

(2.) He had an attack of infective hepatitis 5 -6 months prior to his death; (in both the above instances prior to the date of the said Proposal/Policy.

(3.) Appeal was filed by Respondent No. 2 before the J & K State Consumer Disputes Redressal Commission Jammu, which vide its orders dated 23.09.2009 allowed the appeal, reversed the decision of the Divisional Forum and directed payment of amount as per details given in the opening part of this order by holding that neither the doctor nor the investigator had been examined, besides, suppression of material facts had not been established etc.