SATYAVATI SHARMA Vs. LIFE INSURANCE CORPORATION

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against impugned order dated 01-12-2011 passed by the learned State Consumer Disputes Redressal Commission, Madhya Pradesh (in short, 'the State Commission') in Appeal No. 190 of 2010 Smt. Satyavati Sharma Vs. Life Insurance Corporation, by which while allowing the appeal, order of the District Forum allowing the complaint was set aside.

(2.) Brief facts of the case are that deceased Shyamlal Sharma, husband of the complainant/petitioner obtained policy for Rs. 1 lakh from opposite party/respondent on 30-03-2007 and suddenly insured Shyamlal died on 13-06-2008. Complainant filed claim for payment of sum assured to the opposite party but claim was repudiated. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted claim and submitted that after investigation it was noticed that insured was suffering from heart ailment and prior to filling proposal form he had taken leave for 289 days on the ground of said illness. Deceased had suppressed all these facts in proposal form and therefore prayed for dismissal of complaint. Learned District Forum, after hearing both the parties, allowed complaint and directed opposite party to pay Rs. 1 lakh with 8% p.a. interest and Rs.5,000/- as compensation and Rs.1,000/- as cost of the complaint. Appeal filed by the respondent was allowed by learned State Commission vide impugned order, against which this revision petition has been filed.

(3.) Heard learned Counsel for the parties at admission stage and perused record.