LIC OF INDIA Vs. POONAM BHASIN & ANR

JUDGEMENT

(1.) This appeal is directed against the order of the Delhi State Consumer Disputes Redressal Commission, Delhi dated 20.11.2008 in Complaint Case no. C 41 of 2005, whereby the State Commission allowed the consumer complaint and directed thus:

(2.) Briefly stated facts relevant for the disposal of the appeal are that late Shri Sanjeev Kumar Bhasin purchased eight insurance policies of different denominations on different dates from the opposite party/ insurance company. One of the insurance policies number was - 330662508 for a sum of Rs.5.00 lakh. We are concerned with dispute relating to the said insurance policy.

(3.) It is the case of the respondent that Sanjeev Kumar Bhasin noticed passing of blood with the stool on 18.10.2003. He was therefore, taken to Kalra Nursing Home, Kirti Nagar around midnight of 08.10.2003. While being under treatment at the Nursing Home the insured Sanjeev Kumar Bhasin suffered stroke/ shock and he was shifted to Ganga Ram Hospital at 04.00 A M, where he was put on life saving machine. The insured, however, did not survive and died on 10.10.2003. The respondents namely widow and the minor son of the insured, filed the insurance claim which was repudiated by the appellant/ insurance company on the plea that the insured while taking the insurance policy had concealed material information relating to his previous ailments and also the fact that he was a chronic alcoholic. Being aggrieved of the repudiation of the insurance claim, the respondents filed a consumer complaint in the State Commission.