LIC OF INDIA Vs. JABA DEVI

JUDGEMENT

(1.) Heard the parties for final disposal of the case.

(2.) This appeal is directed against the order of the learned District Forum, Udaipur dated 6.4.1999 whereby the learned District Forum has allowed the claim of the complainant for payment of Rs.1 lac on account of the death of her husband Kuber Kant Joshi. Mr. Dhingra appearing for the appellant raised two points : firstly he says that the policy was taken at Dungarpur and, therefore, Udaipur District Forum has no jurisdiction and secondly his contention is that before taking the policy in the year 1993 i. e.28.7.1993 the complainant was suffering from constipation and that has not been disclosed. When LIC is having a Regional Office at Udaipur and it is transacting business at Udaipur then as per Sec.11 the Udaipur District Forum has jurisdiction to hear such a complaint and to that extent the argument cannot be sustained. The second contention of Mr. Dhingra also has no substance. Constipation is not a disease. Actually it is a condition of the body which occurs at any time. Therefore, non-disclosure of that fact does not amount to suppression of material fact. May be the patient has died on account of cancer of rectum but it is nobody's case that it was a result of constipation. Under these circumstances the two contentions raised by Mr. Dhingra have no substance. However the interest awarded @ 18% is excessive and it is reduced to 12% from the date of payment i. e.2.12.1997. If any excess amount has been paid it should be refunded to the LIC within two months. With this amendment the appeal filed by the appellant stands disposed of accordingly on merits.