UNITED INDIA INSURANCE CO LTD Vs. SHAVINDER KAUR

JUDGEMENT

(1.) These two Revision Petitions have been filed by both the parties against the single order passed by the State Commission allowing the appeal.

(2.) Brief facts, necessary to understand the case, are that the complainant's deceased husband Sukhwinder Singh had availed Accident Claim Policy. Late Mr. Sukhwinder met with an accident on 18.10.1993 sustained injuries and after remaining in different hospitals died on 19.6.1995. The deceased had lodged a claim immediately after accident on which a Surveyor was appointed who confirmed the factum of accident and supported the claim. Not being satisfied, a second Surveyor, Dr. Goyal was appointed by the respondent who also confirmed the factum of accident and reported that the case was genuine. Not being satisfied with these reports matter was further examined by the Insurance Company and finally the claim was repudiated on 26.3.1996 on the ground that the deceased, while taking the policy, had concealed material facts relating to the health that he had or was suffering from jaundice. Alleging negligence, the complainant moved the District Forum seeking various reliefs.

(3.) District Forum after hearing both the parties dismissed the complaint. On an appeal being filed by the complainant before the State Commission, it allowed the appeal, set aside the order of the District Forum and directed payment of Rs. 1 lakh, the insurance amount along with interest @ 12% effective from 13.3.1994 and costs of Rs. 2,000/-.