ORIENTAL INSURANCE CO LTD Vs. ASIM J PANDYA

JUDGEMENT

(1.) Smt. Manjeet wife of Virender obtained an endowment assurance policy No.330689575 dated 28.3.2001 for Rs.25,000 and had paid one instalment of premium of Rs.439 towards the said policy. She died on 18.9.2001. Necessary documents for payment of the sum assured was submitted by the complainant to the appellant. However, the appellant repudiated the claim as per letter dated 4.3.2003 on the ground that at the time when Smt. Manjeet had taken the policy of insurance, she has concealed the factum of her pregnancy and she had died after delivering a baby girl due to meningitis. It is thereafter the complainant invoked the jurisdiction of the District Forum and the District Forum found no substance in the stand of the appellant and directed the appellant to pay the assured sum to the complainant within a period of 45 days, failing which he would be entitled to interest @ 10% per annum from the date of filing of the complaint till realisation. Aggrieved by the said order, the present appeal has been filed.

(2.) The Counsel representing the parties have been heard at length.

(3.) The learned Counsel representing the appellant at the threshold of arguments assailed the findings of the District Forum primarily on the ground that evidence adduced on record had been overlooked by the District Forum which fully established that Smt. Manjeet insured had concealed the factum of her pregnancy and thus committed the breach of terms of the policy which fully justified the action of the appellant to repudiate the claim put up by the complainant. Opposing the submission made, the learned Counsel representing the respondent has justified the order of the District Forum for the reasons stated therein.