EXECUTIVE DIRECTOR (MKTG.) Vs. YOGENDRA PRASAD SINGH

JUDGEMENT

(1.) HAVING failed to convince the District Consumer Disputes Redressal Forum, Patna, (for short ˜District Forum) as well as the State Consumer Disputes Redressal Commission Bihar, Patna (for short ˜State Commission) with regard to the repudiation of the insurance claim in respect of the deceased father of the complainant; this revision petition has been filed by the LIC of India challenging the orders passed by the Fora below.

(2.) BRIEFLY narrated, the facts of the case are that"Shri Ram Swarath Singh, deceased father of the complainant had obtained a Life Insurance Policy on 4.3.1998 for Rs.1 lakh. In the proposal form, the date of birth was given by the life assured as 18.10.1950. In other words, he was about 48 years at the time of obtaining the insurance policy. Soon after the payment of the third premium, the life assured Shri Ram Swarath died on 25.11.1998. The respondent/complainant being the nominee of the life assured, lodged a claim for the insurance amount which, however, was repudiated by the petitioner/opposite party on the ground that the age given by the life assured was found to be grossly under stated. He was not less than 62 years of age at the time of obtaining the policy, while he had indicated his age to be only 48 years. This led the respondent/ complainant to file a complaint before the District Forum. The District Forum, however, did not agree with the objection of the petitioner/opposite party with regard to the suppression of correct age by the life assured and directed the petitioner to settle the claim of the complainant as admissible under the policy. An appeal preferred by the present petitioner before the State Commission met the same fate. Hence this revision petition before us.

(3.) HEARD the learned counsel for the parties. We have also perused the records of the case.