LAWS(NCD)-2014-7-70

SBI LIFE INSURANCE CO. LTD Vs. HARVINDER KAUR

Decided On July 18, 2014
SBI LIFE INSURANCE CO. LTD. Appellant
V/S
HARVINDER KAUR Respondents

JUDGEMENT

(1.) This revision is directed against the order of the State Consumer Disputes Redressal Commission Punjab, Chandigarh (in short, 'the State Commission) dated 14.12.2012 in First Appeal No. 55/09 whereby the State Commission dismissed the appeal preferred by the petitioner insurance company against the order of the District Forum Sangrur.

(2.) Briefly put, the facts relevant for the disposal of this revision petition are that the respondent Harvinder Kaur filed a consumer complaint in District Forum Sangrur alleging that her husband Sukhwinder Singh had obtained a life insurance policy from the petitioner OP for a sum of Rs.1,00,000/- appointing the respondent as the nominee. The date of maturity of insurance policy was 24.08.20122. The insured suffered an attack of breathlessness on 17.11.2007 which persisted for 2/3 days. The insured, was, therefore admitted in Tagore Hospital, Jalandhar City on 20.11.2007. He was discharged on 07.12.2007. The insured, however, died on 08.12.2007. The intimation of the death of the insured was given to the petitioner. The petitioner, however, repudiated the claim on the ground that insured while obtaining the insurance policy concealed that he was already suffering from pulmonary hypertension. This led to the filing of the consumer complaint.

(3.) The petitioner OP in its response to the complaint admitted that Sukhwinder Singh had obtained life insurance policy for Rs.1.00 lacs and that he died on 08.12.2007. The petitioner, however, justified repudiation of the claim on the ground that insurance policy was obtained by concealing the material fact that the insured was suffering from primary pulmonary hypertension.