PRAKASH KULKARNI Vs. BAJAJ ALLIANZ LIFE INSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal is filed under Section 15 of the C.P Act by the unsuccessful complainant to set aside the order dated 2.12.2010 passed by the DF, Bidar in Complaint No. 63/2010 whereby his complaint came to be dismissed. Therefore, he has come up with this appeal mainly on the ground that, though the DF admitted the fact that the appellant was detected from cancer after one year, but very strangely comes to the conclusion that cancer was detected within 15 days from the date of renewal of the policy. When once the DF having come to the conclusion that, appellant has renewed the policy within the grace period of 15 days as stipulated under Clause 11, but erred in holding violation of 7(b)(i)(ii) of the policy and it misunderstood the meaning of the word "renewal" and "revival' as same. Therefore, prays for to set aside the order and to allow his complaint.

(2.) AFTER service of notice, respondent appeared through Counsel and resisted the appeal contending that, the DF is right in dismissing the complaint. The policy has been obtained by suppressing the pre -existing disease "Cancer". He has undergone treatment for the cancer immediately after the revival of the health care policy. Therefore, appeal is liable to be dismissed.

(3.) WE have heard the arguments of learned Counsel for both the sides and perused the records. In view of the above said facts, the point that arises for our consideration is: