LIC OF INDIA Vs. G SAHSI KALAVATHAMMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 5.12.2013 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 871 of 2012 G. Sahsi Vs. Life Ins. Corpn. of India by which, while allowing appeal, order of District forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/respondent's husband obtained two life insurance policies on 20.8.2010 and 19.8.2011 for Rs.3,49,200/- and Rs.1,00,000/- respectively. Insured died on 19.8.2011. Claim was lodged by complainant being nominee of assured with OP, but OP/petitioner by letter dated 31.03.2012 repudiated claim on account of false information regarding his health and surgery. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that insured suppressed the true facts of his health and previous hospitalization. It was further submitted that insured underwent surgery at Sri Sai Nursing Home, Kadapa and remained in-patient from 4.1.2009 to 12.01.2009. Again, insured underwent another surgery for hip joint pain at Global Hospital, Hyderabad and remained there as in-patient from 12.11.2009 to 17.11.2009. It was further submitted that on ground of suppression of material facts claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.