BHANWARI DEVI Vs. BHARATIYA JEEVAN BIMA NIGAM

JUDGEMENT

(1.) This revision petition has been filed by the original complainant against the order dated 4th March, 2010 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in appeal No. 824 of 2009. By this order, the State Commission allowed the appeal of the respondent/opposite party/Life Insurance Corporation of India (in short, 'the LIC') and set aside the order dated 1st April, 2009 of the District Consumer Disputes Redressal Forum, Nagaur, Rajasthan (in short, 'the District Forum') and also dismissed the complaint of the petitioner/complainant.

(2.) The husband of the complainant (deceased life assured) had taken a life insurance policy for Rs. 75,000 on 28th December, 2007. The life assured died on 15th March, 2008 whereupon his wife, the nominee, submitted the insurance claim to the respondent/LIC. The LIC repudiated the claim by its letter dated.l5th October, 2008. The main ground was non-disclosure of the status of his health by the life assured in his proposal for the insurance policy. LIC pointed out, in particular, that the deceased was suffering from cancer before the submitting the proposal form for life insurance and was also undergoing treatment therefor in a hospital but did not disclose any of these facts in the signed proposal. On repudiation of her claim, the petitioner filed a consumer complaint before the District Forum. The District Forum, by its order dated 1.4.2009, allowed the complaint by directing the OP/LIC to pay to the complainant/petitioner the sum of Rs. 75,000 along with all the policy benefits as also interest @ 10% per annum from 15th October 2008 till actual release and cost of Rs. 5,000. This is the order which was challenged by the LIC before the State Commission, with the result already mentioned above.

(3.) We have heard Mr. Aneesh Mittal and Mr. Buddy A. Ranganadhan, learned Counsel for the parties.