KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD. 9TH FLOOR, GODREJ COLISEUM, BEHIND EVERARD NAGAR, SION(EAST), MUMBAI Vs. ALKESHBHAI SHAH AND ANR. 3, PATEL BHUVAN OPPOSITE ANIMAL HOSPITAL MADALPUR, ELLISBRIDGE AHMEDABAD GUJARAT

JUDGEMENT

(1.) Late Smt. Truptiban Shah, wife of the complainant took a car loan of Rs.7,04,000/- from Kotak Mahindra Prime td. petitioner in R.P. No.2598 of 2015 in the year 2007. She thereafter took another loan of Rs.2,53,884/- from the aforesaid company. Both the loans were payable in instalments. The case of the complainant is that the life of late Smt. Truptiban Shah was insured by the OPs, namely, Kotak Mahindra Prime Ltd. (hereinafter referred to as lender) and Kotak Mahindra Old Mutual Life Insurance Ltd. (hereinafter referred to as insurer). Smt. Truptiban having expired on 7.8.2008, a claim was lodged by the complainant for payment in terms of the insurance policy taken on her life. Vide letter dated 23.1.2009, the death claim was repudiated by the Kotak Mahindra Old Mutual Life Insurance Ltd. on the following grounds:-

(2.) Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a complaint impleading both the lender as well as the borrower as the OPs and seeking the following relief:-

(3.) Both the parties filed their respective reply opposing the complaint. It was stated in the reply that the complainant had suppressed material facts in the complaint. It was further stated that the lender had not insured the life of the borrower and was not liable to make any payment to the complainant.