PUSHPADEVI YADAV Vs. LIC

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 31.10.2001 in complaint No.7/2000 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'distt. Forum' for short), dismissing the claim of the complainant/appellant regarding life insurance policy No.381076039 for assures sum of Rs.16,000/- and policy No.380530654 for assured sum of Rs.12,000/- obtained by the insured Janaklal Yadav, the husband of the complainant/appellant.

(2.) Undisputably, the husband of the complainant Janaklal Yadav obtained three life insurance policies, Policy No.381071429 was for an assured sum of Rs.25,000/-. The other two policies as detailed above were also obtained by the deceased in the month of July, 1997 and August, 1997. It is also not in dispute that the insured Janaklal Yadav met with a road accident in July, 1997 and ultimately died on 23.1.1998 due to injuries sustained in the said accident. After the death of the deceased insured Janaklal Yadav, the complainant/appellant being the nominee under the said policies, laid claim with the respondent insurer for payment of the amount under the policies. The claim of the complainant/appellant was however repudiated by the insurer/respondent.

(3.) The complainant, therefore, preferred the complaint before the Distt. Forum seeking payment under all the three policies as above. The complaint was resisted by the insurer/respondent. It was averred that the insured has suppressed material facts at the time of submitting proposal forms regarding policy No.381076039 and policy No.380530654. Therefore, the complainant could not get the benefit of the said policies.