ASHOK KUMAR MISRA Vs. BHARTIYA JEEVAN BIMA NIGAM

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 05.05.2016 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in Appeal no. 601 of 2012.

(2.) The facts of the case as per the petitioner/ complainant are that the husband of the complainant, i.e., Dashrath Mishra purchased an insurance policy bearing no. 291217200 under the Jeevan Surabhi Scheme on 10.03.2000 for an amount of Rs.50,000/- from the respondent, wherein the petitioner was made the nominee. The yearly premium of Rs.7189/- was deposited by insured and he died on 29.03.2002 with fever. Information was given to the respondent in writing. All the requisite formalities from the respondents in pursuance to the death claim was fulfilled on 01.06.2002, but the respondents rejected the death claim alleging that the insured was sick with paralysis and took the treatment from Dr Mohd Rais of Modern Acupuncture Centre, Deoria.

(3.) The petitioner has submitted that her husband was well and active at the time of taking the insurance policy and he was never sick with paralysis and her husband was working as an Assistant teacher at Kisan Intermediate College, Sallahpur, Bhatni, Deoria. Before taking the insurance policy and after taking the insurance policy, he worked as an invigilator in the examination conducted by the Intermediate Education Board, UP, Allahabad from 25.03.2000 to 01.05.2000 on both sessions regularly. Hence, the respondents have committed deficiency in service by not paying the death claim knowingly.