SENIOR DIVISIONAL MANAGER Vs. S.KAMALAM

JUDGEMENT

(1.) 2nd opposite party before the District Forum is the appellant.

(2.) Against this appellant and 1st opposite party filed a complaint. Before the District Forum, the 1st respondent/complainant filed a complaint for the claim of Rs.50,000/- towards LIC policy claim amount against the death of her husband and Rs.10,000/- as compensation for mental agony and Rs.1,000/- towards cost.

(3.) Since the District Forum allowed the complaint by ordering to pay Rs.50,000/- as insurance claim amount and Rs.5,000/- as compensation and Rs.1,000/- as cost, aggrieved by the same the appellant filed this appeal and in this appeal it is contended by the appellant that the insured husband of the complainant while taking policy suppressed the material facts regarding the earlier diseases subsisted and since he died within the period of two years from the date of policy as per the mandatory provision under Section 45 of the Insurance Act, in view of the investigations made by the insurance company and as the insured already having treatment for previous diseases which were suppressed while furnishing the details in the policy as well as before the medical officer who examined him for providing policy the appellant insurance company repudiated the claim of the insurance as it cannot be granted to the complainant in view of the mandatory provision and thereby this appeal deserves to be allowed.