LIC OF INDIA Vs. SAROJAN DEVI

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the order dated 1.1.2009 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Appeal No. 166/07 Branch Manager, LIC Vs. Smt. Sarojan Devi by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that Complainant/Respondent's husband Raj Kumar got himself insured from OP/petitioner for a sum of Rs.50,000/ - vide policy dated 28.9.2001. Raj Kumar died on 1.8.2002 and claim was submitted to OP which was repudiated on 30.9.2003 on the ground that insured had withheld material information regarding his health at the time of taking policy. Alleging deficiency on the part of O P, complainant filed complaint before District forum. OP resisted complaint and submitted that claim was rightly repudiated as insured suppressed material information relating to his health and medical leave and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.50,000/ - with 9% p.a. interest and further allowed Rs.1000/ - as litigation cost. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) NONE appeared for respondent even after service. She was proceeded ex -parte.