LAXMIBAI, THROUGH HER L.RS. DEEPIKA W/O VISHAL TIWARI, R/O GOKUL NAGAR, OPP PEOPLE HIGH SCHOOL NANDED MAHARASTRA AND OTHERS Vs. BIRLA SUN LIFE INSURANCE CO. LTD. 6TH FLOOR, VAMAN CENTER, MAKHWANA ROAD, OFF ANDHERI KURLA ROAD, NEAR MAROL NAKA, ANDHERI (EAST) MUMBAI

JUDGEMENT

(1.) Husband of the petitioner, namely, Vishnu Das Sharma, purchased a life insurance policy from the opposite party insurance company. The insurance was effective with effect from March, 2003. During the currency of the insurance policy husband of the petitioner/complainant died on 27.4.2004. The petitioner, being widow of the late insured submitted, a life insurance claim. The respondent insurance company, however, repudiated the claim of two counts, namely, the deceased Vishnu Das Sharma had obtained the insurance policy by concealment of material facts and he also concealed that prior to taking of the subject insurance policy the deceased already had two policies with life insurance corporation. Being aggrieved of the repudiation of the claim the petitioner raised a consumer dispute by filing a consumer complaint in District Consumer Disputes Redressal Forum, Nanded.

(2.) The respondent/opposite party, on being served with the notice of the complaint, justified the repudiation of the claim on the plea that in the insurance proposal form the late insured had concealed the information that while applying for the insurance policy the deceased was already having two other insurance policies and he also concealed the material facts regarding his previous medical condition and as such the repudiation of the insurance claim is justified.

(3.) The District Forum on consideration of pleading and the evidence produced by the parties allowed the complaint and directed the respondent opposite party as under: -