BRANCH MANAGER LIC OF INDIA Vs. K MARATHAL

JUDGEMENT

(1.) The complainant's case is that her husband Kandasamy had taken an insurance policy for Rs.30,000/- on 25.10.1991. The premiums upto October, 1995 were paid. He had nominated his wife under the said policy. The said Kandasamy died on 23.12.1995 due to heart attack. When a claim was made, the opposite party repudiated the same. Hence the complaint.

(2.) The opposite party contended that it is true that Kandasamy had taken an insurance policy with the commencement of risk on and from 25.10.1991. The policy became lapsed. It can be revived only if the policy holder submits a statement regarding his health condition and remits the arrears of premium with interest during the life-time of the insured. The life assured submitted the statement on 12.9.1995. Again the policy lapsed on 25.10.1995. Since the claim was made within a period of one year from the date of revival of the policy, the opposite party held inquiry and came to know that the insured had suffered from cancer for which he took treatment at Christian Cancer Centre, Oddanchatram. But this fact, he did not disclose and suppressed the same wilfully. Therefore, it was rightly repudiated as there was wilful suppression and concealment of material facts.

(3.) The lower Forum accepted the claim and directed the opposite party to pay a sum of Rs.30,000/- with interest at 12% from 7.10.1997. Hence the appeal.