ALIA BEGUM Vs. L I C OF INDIA

JUDGEMENT

(1.) THIS Appeal has been filed by the unsuccessful Complainant against the Order of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal, dismissing her complaint.

(2.) THE Complainant is a nominee under an insurance policy taken on the life of her late son Fahim Mohd. Khan. The date of the proposal of insurance is 22.12.1989 and the policy was issued on 17.1.1990. The period of the insurance policy was upto 22.12.2019. The premium of the policy was duly paid to the Insurance Company. Fahim Mohd. Khan died of Rheumatic heart disease. A claim was lodged by the Appellant and the Insurance Company repudiated the claim on the ground that the material information about his previous illness was suppressed by the deceased while signing the proposal of insurance. The Complainant filed a complaint before the State Commission which was contested by the Insurance Company. It was contended on behalf of the Insurance Company that there was a misstatement in the proposal form by the deceased and the claim was repudiated on justifiable grounds for non-disclosure of material information.

(3.) WE have heard the learned counsel for the parties. It was contended on behalf of the Appellant that the State Commission wrongly held that the deceased had suppressed facts which it was material to disclose. On the other hand, the counsel for the Insurance Company contended that the order passed by the State Commission was justified in the facts and circumstances of the case and it could not be said the claim was repudiated mala fide and without any cogent reasons.