LIC OF INDIA Vs. JIVRAJ BHAI P DOMADIA

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 11.09.2008 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, 'the State Commission') in Appeal No. 314 of 2006 LIC of India Vs. Jivrajbhai P. Domadia by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that Complainant/respondent's son Jayantibhai J. Domadia obtained insurance policy from OP/petitioner on 28.1.2004 on the basis of proposal form dated 20.1.2004. Jayantibhai J. Domadia died on 12.3.2004 due to brain fever and heart attack. OP was intimated and claim was submitted. OP repudiated claim on the ground that insured suppressed fact of malady at the time of taking policy. It was further submitted that insured's son was strong and healthy and he had no malady. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that at the time of taking insurance coverage, deceased Jayantibhai J. Domadia was not healthy as he was suffering from malady of "Lt. Ear discharge" since 2-3 years before getting insured. It was further submitted that he died within 11/2 months from taking insurance coverage. As he suppressed material particulars in the proposal form, claim was rightly repudiated and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.8,00,000/- with 9% p.a. interest and further allowed Rs.2,000/- as compensation for mental harassment and Rs.1,000/- as cost of complaint. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) HEARD learned counsel for the parties and perused record.