SEEMA AGRAWAL & ORS Vs. BRANCH MANAGER

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against order dated 14.1. 2009 passed by State Commission in Appeal No. 148/2007- Branch Manager, LIC of India & Anr. Vs. Smt. Seema Agrawal & Ors.; by which while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that deceased-Purushottam Agrawal, husband of complainant No. 1/petitioner No. 1 and father of complainant No. 2 & 3/petitioner No. 2 & 3 obtained New Bima Kiran Policy for Rs. 5.00 lakhs from 28.5.2005 to 28.5.2025 from opposite party/respondent. Insured died in accident on 15.9.2005 and claim was submitted to opposite party/respondent. Opposite party repudiated claim. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that deceased-Purushottam Agrawal obtained some more policies prior to this policy and has not disclosed all other previous policies and disclosed only two policies in the proposal form of New Bima Kiran Policy. It was, further, submitted that including disputed policy, sum assured had become Rs. 14,55,000/- and as age of deceased was 35 years, it was necessary to get medical examination for ECG etc. As information regarding earlier policies was concealed, Agreement of Insurance was null & void and claim was repudiated rightly and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay Rs. 5,00,000/- with 6% p.a. interest and further directed to pay cost of Rs. 1,000/-. Appeal filed by opposite party was allowed by Learned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused record.