SANJAY KUMAR AGGARWAL Vs. DIVISIONAL MANAGER LIC

JUDGEMENT

(1.) Mr. Sanjay Kumar Aggarwal, an agent of L. I. C. has filed this appeal against the judgment and order dated 16.7.2001 passed by the District Forum, Nainital by which his complaint was rejected by the Forum for recovery of insured amount on the death of his wife Smt. Seema Aggarwal.

(2.) Smt. Seema Aggarwal has got an insurance policy. The proposal form was accepted on 30.3.1996. She died on 15.1.1998. The premium of the policy was regularly paid. On 30.12.1998 the claim was repudiated, it was communicated to complainant on 1.2.1999.

(3.) The ground of repudiation of claim is said to be that on 30.3.1996 the insured Smt. Seema Aggarwal was pregnant. This fact was not mentioned in the proposal form rather it was knowingly suppressed. This was a material fact, which ought to have been known at the time of proposal. It is said that the agreement is vitiated on this ground and therefore the claim was rejected.