LIC OF INDIA Vs. P R SUMANAGALA

JUDGEMENT

(1.) The present revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), whereby the petitioner herein seeks to assail the order dated 18.2.2009 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (hereinafter referred to as "the State Commission") in F.A. No. 627/2003. By the impugned order, the order dated 26.6.2003 passed by the Consumer Disputes Redressal Forum, Kottayam in C.C. No. 801/2000 has been set aside.

(2.) The brief facts of the case are that Late Mr. Pushpangadan (hereinafter referred to as "the insured"), husband of the complainant, had taken four life insurance policies from the opposite party on four different occasions. On 26.5.1998, the insured passed away at the Kottayam Medical College, Kottayam, Kerala after undergoing treatment for six days prior to his demise at the same hospital. The claim due under the policy No.790088986 was paid to Sri. A.K. Raveendran, brother of the insured. The complainant submitted the claim forms in respect of the remaining three policies. However, the opposite party did not respond to the claims lodged by the complainant for quite some time. Aggrieved by the inaction as far as processing the claims under the remaining three policies was concerned, the complainant was compelled to approach the District Forum. During the pendency of the said complaint before the District Forum, the opposite parties repudiated the claim with respect to the remaining three policies on the basis of some enquiry. Upon enquiry, The Insurance Company discovered that the life insured had suppressed material information regarding his health at the time of submitting his proposal for the remaining three policies.

(3.) As regards the complaint filed by the complainant, the District Forum vide order dated 26.6.2003 dismissed the complaint.