AMAR CHAND KUMAWAT Vs. LIC OF INDIA

JUDGEMENT

(1.) This appeal by the complainant is directed against the order dated 8.3.1995 whereby the D. F. dismissed his Complaint No.3150/1993.

(2.) The case of the appellant before the D. F. was that his deceased brother Kanhiya Lal had obtained a life insurance policy from the respondent on his life on 16.8.1990, that the deceased insured died on 28.9.1992, but the claim preferred by the appellant for payment of the assured sum was repudiated by the respondent Insurance Corporation on the ground that the deceased, while obtaining the insurance policy had suppressed material facts relating to his health. On a complaint having been filed by the appellant before it, the D. F. accepted the version of the respondent and dismissed the complaint.

(3.) It was urged by the learned Counsel for the appellant that there was no evidence on the record of the D. F. to come to the conclusion that at the time of submitting his proposal the deceased insured had in any manner suppressed relevant facts relating to his health. It was pointed out that the deceased insured had died of high fever and that the cause of such death of the deceased was not indicative of the fact that he had been suffering from any illness which was to be disclosed by him to the respondent, at the time of submitting his proposal form.