HASHMUKHBHAI ISHWARLAL Vs. LIC OF INDIA

JUDGEMENT

(1.) The brief facts are that the petitioner/complainant, Shri Hashmukhbhai Ishwarlal Patel and his wife took joint life insurance policy, named, Jeevan Sathi, (Double Cover Joint Life Plan) with profits and Accident benefits for the sum of Rs. 1,50,000.00 under plan 89-30. It was commenced from 15.12.2005. The yearly premium was fixed for an amount of Rs. 5747/-. Under this plan, the husband is the principal life assured (P.L.A.) and wife was spouse life assured (SLA). The wife of the complainant has committed suicide on 16.1.2008. The incident was informed to the OP on 17.3.2008. The complainant filed a claim before the OP alongwith relevant documents and police report. On 17.06.2009, the OP informed that the policy holder is entitled for the amount which he has paid by way of premium and the said policy was closed. It was alleged that the OP without obtaining consent from the complainant closed the policy. The claim was rejected on the ground that the policy holder has committed suicide before completing three years. Therefore, aggrieved by the repudiation, complainant filed a complaint before the District Forum, Gandhinagar for the alleged deficiency of service from the OP.

(2.) The OP contested the complaint, filed written version and contended that claim in question falls under clause 4-B of the policy, therefore, the insurance Company is not liable to allow the claim. After considering pleas and evidence of the parties, the District Forum dismissed the complaint on 13.04.2010.

(3.) Being aggrieved by the order of District Forum, the complainant preferred first appeal before the State Commission. It was dismissed vide order dated 28.07.2011. Hence, this revision petition arose.