RITABEN G. MODI Vs. LIC OF INDIA

JUDGEMENT

(1.) THE key question involved in this case is, "Whether the suppression of the disease 'epilepsy ', at the time of filling -up the proposal form, before the Life Insurance Corporation, becomes a ground for repudiation of complainant 's claim? ". The facts of this case are as follows. Ms. Hitel Ben, Daughter of both the petitioners/ complainants obtained two insurance policies, for a sum of Rs. 1,00,000/ -each, along with accidental benefit, in the year 2003. Ms. Hitel Ben, expired on 14.04.2005. While she was operating gas stove, fire broke out and she received burns. She was taken to the hospital, where she expired due to burns. The respondents were informed about her death on 27.05.2005. The claim of the petitioners was repudiated on the 'ground ' of 'suppression of epilepsy ', when she obtained the insurance policies.

(2.) THE complainants have denied that she had ever suffered from the above said ailment. Complainants also explained that at the time of obtaining the policies, Ms. Hitel Ben was married. In view of some differences, divorce was obtained and the insured was living separately with her parents. That is why, no claim was made by her husband. It was contended that the claim was wrongly repudiated on this point. The parents, under the circumstances, are entitled to get the insurance amount.

(3.) OUR attention was invited towards the proposal form which was filled in by the deceased. The relevant portion, clause 12(e), is reproduced, as under: -