LIC OF INDIA Vs. TEJALBEN KANANBHAI PATEL

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner. He submitted that there was suppression of material fact that the respondent was hospitalised for 5 days for treatment of fever, rigour pain in the throat and difficulty in swallowing. He was treated for the same and no other disease was found at the time of hospitalisation. It was not a continuing disease nor was there any treatment suggested for heart trouble. Eight months later, the insured died due to massive heart-attack while he was driving motor car. A common cold/fever is, in ordinary course, not even remembered by anybody and was not even a relevant issue to be noted in the Proposal Form. At the most, it can be said that the deceased must have felt that it was an irrelevant issue to be noted in the Proposal Form. This is not suppression of material fact in the light of the facts of the case. There is nothing on record to show that the deceased was taking treatment for heart trouble or any other disease. Many judgments have been cited by the learned Counsel for the petitioner but in the present case, the bona fide intention of the deceased cannot be doubted.

(2.) IN this view of the matter, this Revision Petition is dismissed. Revision Petition dismissed.