LIC OF INDIA Vs. YOGENDER MITTAL

JUDGEMENT

(1.) Life Insurance Corporation of India (hereinafter referred to as the 'Petitioner') has filed this revision petition being aggrieved by the order of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission') in Appeal No.823/2002 decided in favour of Dr.Yogender Mittal, Respondent herein who was the original complainant before the District Forum.

(2.) The above contentions were denied by the Petitioner/Insurance Company who stated that since the insurance proposal was accepted only on 15.01.1994 and not on 28.10.1993 as contended by the Respondent, the policy would be valid from 15.01.1994 and because the life assured was diagnosed as suffering from Cancer on 12.12.1994 i.e. within one year from that date, the exclusion clause of one year is attracted and Respondent is not entitled to any relief in terms of Benefit (B) of the Policy Schedule.

(3.) The District Forum after hearing both parties allowed the complaint and directed the Petitioner/Insurance Company to pay the Respondent 50% of the sum assured i.e. Rs.50,000/- along with interest @ 12% per annum from three months of the filing of the claim till realization and 10% of the assured sum every year commencing from the policy anniversary. An amount of Rs.1,000/- was awarded as litigation costs.