ANIL KUMAR DUBEY Vs. BRANCH MANAGER / SENIOR DIVISIONAL MANAGER, LIC OF INDIA & ANR ; REGIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) Late Smt. Shiva Dubey wife of the complainant / respondent obtained an insurance policy from the respondent on 08.11.1991. She having expired on 17.9.1993 a claim in terms of the policy was submitted by the petitioner / complainant to the respondent. The claim having not been paid, he approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the insurer which pointed out that the policy issued to the deceased having lapsed in May, 1992, a declaration form was submitted by her on 29.1.1993, declaring her to be in a good state of health and thereafter the policy was renewed. It was further stated in the written version filed by the respondent that the deceased was suffering from breast cancer for which she was operated at Tata Memorial Hospital in August, 1992, but despite the said disease she had submitted a false declaration while obtaining revival of the insurance policy. It was for this reason that the insurance claim was rejected vide letter dated 03.2.1999.

(3.) The District Forum having ruled in favour of the complainant, the respondent LIC of India approached the concerned State Commission by way of an appeal. Vide impugned order dated 13.7.2017, the State Commission allowed the said appeal holding that the deceased was suffering from breast cancer at the time she obtained revival of the policy and that she had submitted a false declaration form for the purpose of obtaining the revival. Being aggrieved from the order passed by the state Commission, the petitioner / complainant is before this Commission by way of the present revision petition.