BRANCH MANAGER, MAX NEW YORK LIFE INSURANCE COMPANY LTD Vs. SANJEET & ORS S/O SATBIR SINGH; SWEETY D/O SATBIR SINGH; OMPATI W/O SATBIR SINGH

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 13.01.2016 passed in F.A. No. 287 of 2015 by Haryana State Consumer Disputes Redressal Commission (in short, 'the State Commission') whereby first appeal No. 287 of 2015 has been dismissed being barred by limitation.

(2.) The brief facts of the case are that Mr. Satbir Singh, since deceased, (hereinafter referred as 'the insured') on 26.11.2010 was insured by Max New York Life Insurance Company Ltd./OP for Rs.8,48,720/-. On 7.1.2011, he suffered chest pain, breathlessness and died on the same day. The complainants No. 1 and 2, son and daughter of the deceased, filed insurance claim papers with the OP alongwith the necessary documents, but the claim was repudiated on the ground that late Mr. Satbir Singh, had concealed about his ill health before submitting proposal form. The deceased life assured had never disclosed to the OP that he was a known case of Renal Cell Carcinoma and under treatment. Thus, OP had rightly repudiated the claim of the complainant. Therefore, the complainants have filed a complaint before the District Consumer Disputes Redressal Forum, Sonepat (in short, 'the District Forum').

(3.) Considering the pleadings and evidence, the District Forum allowed the complaint of the complaint and directed the Petitioner/Insurance Company to pay a sum of Rs.8,48,720/- i.e. the sum assured under the policy to the Complainants, in three equal shares within one month from the date of passing of the said order failing which the said amount would carry an interest at the rate of 9% per annum from the date of passing of the order till its realisation.