ICICI BANK LTD. Vs. PUSHPA CHANDRAN

JUDGEMENT

(1.) THESE revision petitions arise out of the common order of the State Commission; hence, decided by common order.

(2.) THESE revision petitions have been filed by the petitioners against the orders dated 8.6.2012 passed by learned State Commission in Appeal No. 584/2011 - ICICI Bank Ltd. Vs. Pushpa Chandran & Ors. and in Appeal No. 769/2011 - ICICI Prudential Life Ins. Co. Ltd. Vs. Pushpa Chandran & Anr. by which, while dismissing appeals, order of District Forum allowing complaint was upheld.

(3.) BRIEF facts of the case are that complainant 's husband availed loan of Rs.5,15,018/ - from OP NO. 3/petitioner in July, 2008, which was to be paid in 60 monthly instalments. Complainant 's husband expired on 27.11.2009 due to heart disease and as loan was covered under insurance from OP No. 1 & 2/petitioner, complainant requested OPs to close loan account as per conditions of policy. OP repudiated claim on the ground that insured supressed facts relating to health condition. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP No. 1 & 2 resisted complaint and submitted that insured had not disclosed treatment for liver cirrhosis since July, 2005 and as insured died due to Multiple Intracranial Haemorrhage the claim was rightly repudiated and prayed for dismissal of complaint. OP No. 3 resisted complaint and submitted that insured had taken loan, but as OP No. 1 & 2 repudiated claim, complainant was defaulter and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed to settle the claim as per the Ext.P6(a) schedule issued by OP and further directed that if any amount is paid by the complainant after death of her husband that amount should be returned to the complainant and further awarded Rs.2,000/ - as cost. Appeals filed by the OPs were dismissed by learned State Commission against which these revision petitions have been filed.