LIC OF INDIA Vs. RANI KAUR

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 31.3.2004 in Complaint No.104/03 by the District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the 'distt. Forum' for short), directing the appellant/insurer to pay her a sum of Rs.1,00,000/- in pursuance of the policy obtained by the deceased husband, with interest, etc.

(2.) Undisputably, deceased insurer Hardayal Singh Bhatia was the husband of the complainant/respondent and had obtained Policy No.382261297, covering the risk on his life from 10.2.2001 to 10.2.2014. The complainant/respondent is the nominee under the said policy. The deceased/insured died on 9.12.2002. The complainant/respondent laid claim with the appellant/insurer. Her claim was however repudiated by the appellants/insurers by their letter dated 11.8.2003, on the ground that the insured suppressed the material facts regarding state of his health and that though he suffered from chest pain, Angina I. H. D. prior to submission of his proposal form, he did not disclose the said diseases in his proposal form.

(3.) Aggrieved by the repudiation of her claim as above, the complainant approached the Distt. Forum and filed complaint. According to the averments in the complaint there was no suppression of any material fact by her husband/insured. She prayed that the assured amount under the policy, be directed to be paid to her.