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 were 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.) THEREFORE , the issue of suppression of material facts by the insured does not arise. The Petitioner -LIC's Counsel relied basically on the Bed Head Ticket wherein it is mentioned that the insured was consuming alcohol for a decade in high doses. This statement of history of the deceased was not given by the insured because insured was admitted in an unconscious state. There is no certificate to this effect by the Doctor indicating how he elucidated this information.