OM PRAKASH SHARMA Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 4. 8. 2006 of Consumer Disputes Redressal Commission Punjab, Chandigarh dismissing appeal against the order dated 10. 5. 2006 of a District Forum whereby petitioner was directed to pay amount of Rs. 50,000 together with amount of Rs. 2,000 towards costs etc. to the respondents.

(2.) KULDIP Mittar, husband of the respondent had taken a policy of Rs. 50,000 on 28. 5. 2000 from the petitioner/opposite party. The policy lapsed for non-payment of premium in November, 2001 and on the basis of personal statement and declaration (Form 680) furnished by the life assured on 20. 12. 2002, it was revived on 23. 12. 2002. It was further alleged that Kuldip Mittar met with an accident on 17. 6. 2005 and he ultimately succumbed to injuries on 14. 7. 2005 after more than 2 years of the revival of policy. Claim made by the respondent under the policy was repudiated by the petitioner through the letter dated 20. 12. 2005 on the ground that at the time of revival of policy the life assured had not disclosed that he had met with an accident on 20. 2. 2001, got a leg fractured in accident and remained hospitalised. Respondent thereafter filed complaint which was contested by the petitioner on the ground similar to that taken in repudiation letter dated 20. 12. 2005. Complaint was allowed by the District Forum in the manner noticed above and appeal filed by the petitioner against District Forum's order was dismissed by the State Commission.

(3.) COPY of personal statement and declaration submitted at the time of revival of policy is at pages 20-22 and question at 2 (b) and answer thereto given by the life assured which are material, are reproduced below : "did you ever have any operation, accident or injury?" No.