NEEL KAMAL Vs. METLIFE INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) Late Shri Ombir Singh, husband of the complainant/appellant obtained an insurance policy to the extent of Rs.75,00,000.00 from the respondent insurance company, on 11.10.2007. He having been murdered on 06.10.2008, a claim was lodged by the complainant/appellant for payment of the benefit payable, in terms of the said policy. The claim however, was repudiated vide letter dated 16.3.2009 which to the extent it is relevant reads as under;

(2.) Vide impugned order dated 18.2011; the State Commission dismissed the complaint on the ground that the insurance policy had been obtained by suppression of material facts. Being aggrieved the complainant/appellant is before this Commission by way of this appeal.

(3.) While submitting the application for life insurance, the deceased insured was required to answer some material questions. Question No.4 required him to disclose whether he had been convicted or involved in criminal case or had any case pending against him. The answer to the aforesaid question was given in negative, meaning thereby that the insured represented to the insurer that no criminal case was pending against him and he had not been involved in any such case. It is an admitted position that a criminal case was pending against the insured at that time, though, according to the learned counsel for the appellant/complainant, the said criminal case had been registered under the provisions of the Trade Marks Act. In my view, it would be immaterial whether the criminal case was registered under the provisions of Indian Penal Code or under any other Statute, entailing a criminal liability. Since the insured at the time of submitting the application was involved in a criminal case, though under Trade Marks Act and the said case was pending against him, he ought to have answered in affirmative to the above referred question.