L I C OF INDIA Vs. DEVI KAMAKSHI

JUDGEMENT

(1.) THE opposite parties -Life Insurance Corporation of India are the appellants. The complainant s husband had insured himself for a sum of Rs. 3,00,000/ - on 26.6.1995. He died on 5.11.1997. Therefore, the complainant made a claim to the Insurance Company which repudiated the claim on the ground that there was suppression of material facts and hence they cannot accept the claim. Aggrieved by the same, the complainant has preferred the complaint.

(2.) THE opposite parties contended that the complainant s husand was suffering from brain tumour and suppressing the said fact he had taken up the insurance policy and in the declaration form he has stated that he was not suffering from any disease and that he was keeping good health which was contrary to the facts and since there has been a wilful suppression of material facts, it was rightly repudiated by the Corporation and, therefore, the complainant is not entitled to any amount.

(3.) THE lower Forum, however, rejected the opposite parties defence and ordered for payment of the amount due under the policy with a compensation of Rs. 5,000/ - towards mental agony and cost of Rs. 500/ -. Hence the present appeal.