RAJRANI Vs. LIC SARDULGANJ

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 1986 Act ) against the order dated 13.11.1997 passed by the learned District Forum, Bikaner whereby the complaint of the complainant-appellant was dismissed.

(2.) The brief facts giving rise to this appeal are that the husband of the complainant-appellant had taken an insurance policy of rupees seventy thousand on 20.1.1993 for six years and he had made the complainant as his nominee. The insured, however, died on 3.5.1995 on account of Carcinoma Pacreas with acute renal failure. The complainant accordingly filed her claim under the insurance policy. The respondents repudiated the claim on 29.3.1996 on the ground that the insured was suffering from Liver Cancer for about 2 years prior to filling of proposal for insurance but this material fact was withheld by the insured regarding his health at the time of effective assurance with the respondents. The complainant filed a complaint in the Forum below alleging this to be deficiency in service and claimed damage.

(3.) After hearing both the parties, the learned District Forum dismissed the complaint. Aggrieved by this order of the learned District Forum, the appellant has come up before us in appeal.