LIC OF INDIA Vs. KAMALA ALIAS SHAKUNTALABAI

JUDGEMENT

(1.) This appeal, filed by LIC of India (original opposite party), is directed against the award dated 17.7.1998 passed by the District Consumer Forum, Wardha, whereby the Forum below directed LIC of India to pay Rs. 25,000 to the widow of deceased insured. Hence this appeal.

(2.) WE heard the learned Advocate Mr. S.S. Gadge for the appellants and respondent - original complainant in person. The LIC of India has raised a plea of material of suppression of age in the Proposal Form. The insured showed his age as 55 years. According to the Insurance Company, the insured was of 65 years, age, when policy was taken. The learned Advocate Mr. S.S. Gadge submited that if real age would have been disclosed by the insured in the Proposal Form, the Insurance Company would not have accepted the Proposal.

(3.) ALONG with Proposal Form, a School Certificate of the insured was produced. In the School Certificate birth date of insured is shown 29.5.1939. Therefore, it cannot be said that the insured suppressed his real age.