LIC OF INDIA Vs. SHASHI BALA

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission. 1. Brief facts of the case are that the respondent/complainant's late husband, who was a Revenue Village Patwari, had obtained a life insurance 'twenty year' policy for Rs. 5 lakh commencing February, 1996 for which the first half-yearly premium of Rs. 16,458/- was paid. Insured died in June, 1997. When, on a claim being preferred by the widow/nominee, the claim was repudiated on the ground of concealment of information about the deceased suffering from Diabetes Mellitus, the complainant filed a complaint before the State Commission alleging deficiency in service on the part of the appellant. After hearing the parties, the State Commission allowed the complaint, hence this appeal. We heard the learned Counsels for the parties and perused the material on record.

(2.) Basic facts are not disputed hence not being recounted. The only point of controversy is whether there was a concealment of information on the part of the deceased/insured at the time of getting life insurance policy ?

(3.) We have on record the proposal form where in Para 11 (c) against the Question "Have you ever suffered from diabetes, TB, BP ........ or any other disease ?" Answer is 'No'.