LIC OF INDIA Vs. KAMLA DEVI

JUDGEMENT

(1.) HEARD the learned counsel for petitioner. In this case the insured had taken policy of Rs. 50,000 on 20.12.1997 which lapsed on 21.1.2004 and was revived on 29.1.2004. The insured died on 15.5.2004. Accordingly the LRs of the insured complainant made a claim to the Life Insurance Corporation for Rs. 94,550 out of which Rs. 23,900 was paid. Therefore, claiming the balance amount of Rs.70,450, the complainant approached the District Forum.

(2.) THE insured had stated his health was good at the time of revival. The District Forum was convinced by the pleadings of the LIC. Accordingly, the complaint was dismissed. The State Commission allowed the appeal of the complaint. The detailed reasons given by the State Commission for allowing the appeal are stated in extenso:

(3.) LEARNED counsel to buttress his argument relied on the judgment of this Commission in Revision Petition No. 2050/2001 and 2051/2001 wherein the insured was admitted in the hospital on 8.6.1996 and where he breathed his last on 26.6.1996. He himself disclosed at the time of his death about his illness. This case is distinguishable because in this case insured was not in a position to make a statement about his medical history as he was brought in an unconscious state. Further, the questionnaire given to the insured at the time of revival of the policy does not contain any question relating to the consumption of alcohol. If there was such a question and if the complainant had answered in the negative then perhaps there would have been some case to support the contention of the petitioner.