L I C OF INDIA Vs. JASBIR SINGH

JUDGEMENT

(1.) This revision petition arises out of order of the State Consumer Disputes Redressal Commission, Haryana, whereby the State Commission upheld the order of the District Forum. The facts in brief which led the complainant to approach the District Forum are as follows :

(2.) In this case the complainant's wife had taken an insurance policy for Rs. 50,000/- vide Policy No. 171435375 and the proposal form was filled up on 26th March, 1997 but the risk was assumed w.e.f. 28.4.1996. The policy was issued in the name of the complainant's wife in which the complainant was the nominee. The insured died after giving birth to a child on 7.9.1997 in the P.G.I. Hospital, Chandigarh. As per report of the doctor of the PGI Hospital the immediate cause of death was shown as CARDIAC ARREST, PNEUMOTNURAY AND ANTICIDENT. The complainant submitted the policy to the Insurance Company claiming a sum of Rs. 1 lakh under the policy. Since the opposite party did not settle the claim, the complainant had approached the District Forum for a direction to the Insurance Company to release the amount and a further direction for payment of compensation of Rs. 20,000/- for unnecessary harassment, mental agony, etc.

(3.) The Insurance Company in its reply, in response to the notice issued by the District Forum, took the stand that the claim had to be repudiated as the complainant had suppressed true and correct information regarding ill-health of the insured at the times of effecting the insurance. The contention of the Insurance Company was that at the time of filing the proposal form the insured (deceased) was pregnant which fact was suppressed by the complainant's wife at the time of taking the policy.