AZAZ HAIDER R/O VILLAGE PEDI P. O.FARIDPUR, BHOGI DISTT BIJNOR UTTAR PRADESH Vs. LIC OF INDIA THROUGH ITS BRANCH MANAGER, BRANCH BIJNOR DISTT. BIJNOR UTTAR PRADESH

JUDGEMENT

(1.) The deceased/insured, Mr. Abbas Haider, took insurance policy for Rs.50,000.00. The proposal form was filled by the agent of the LIC/OP 1 on 1.2.1995. The policy was issued after medical examination. The officer of OP 1 also examined the proposal form and accepted declared age of the insured without any age proof. During subsistence of policy, the insured expired on 6.7.1998. As the petitioner/complainant, Azaz Haider, being a nominee of the deceased, filed an insurance claim with the OP but it was rejected by stating reason that the insured had declared false age while filling the proposal form.

(2.) Aggrieved by the repudiation, the complainant filed a complaint before the District Forum, Bijnor. The District Forum after considering the evidence of the parties, the Kutum Register and certificates of birth and death issued by competent authorities, allowed the complaint and directed the OP to pay the insured amount to the complainant.

(3.) Aggrieved by the order of District Forum, the OP approached the State Commission by way of first appeal. The State Commission, after hearing both the parties, rejected the date of birth mentioned in Kutumb register and relied upon the certificate of Basic Primary School, Rashidgarhi. Thus, State Commission concluded that the age has been concealed by the policy holder, therefore, the appeal was allowed by dismissing the complaint. The State Commission also rejected the plea of complainant under Sec. 45 of the Insurance Act.