BEFORE

F.A.No.868 

Between                                           

1.  Aviva Life Insurance Sector Road, DLF Phase V Sector-43, Gurgaon-003

2.  The Branch manager
Aviva Life Insurance

Banka

                                                       Counsel for the Appellants            Counsel for the Respondent  

 QUORUM:       SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER

TWO THOUSAND THIRTEEN

1.      `3,00,000/-. She paid first quarterly premium`7,500/- on 12.11.2008 and next premium on 13.2.2009. Lakshmi2.     3.   filed his

4.     

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7.             `3  

Declaration of Good Health of the life to be insured (if applicable)

a.      Are you in good health?                                                                                      b.     Have you ever had a heart condition, a stroke, hypertension HIV infection or AIDS?                                                                                      c.      Do you currently have, or are you receiving treatment for any
symptoms, medical conditions or disabilities?                                                     d.     Have you been absent from work due to illness or injury
for a continuous period of more than 10 years during the                                                                                                       e.      Are you currently pregnant? (If applicable for female life only)                          

8.             

“As per the medical certificate from 

In the proposal form dated November 12, 2008 the deceased life assured under the “Declaration of Good Health of the life to be insured” had answered ‘No’ to specific question related in respect

a)     Are you in Good Health?

b)     Have you ever had a heart condition, a stroke, hypertension HIV infection or AIDS?

c)     Do you currently have, or are you receiving treatment for any
symptoms, medical conditions or disabilities?     

This amounts to serious non-disclosure of material facts, which is a violation of the terms and conditions of the insurance policy. 

Our liability as an insurer is subject to the terms and conditions of the policy of insurance, and under the terms and conditions of the Policy such non-disclosure gives us the right of avoiding the insurance.  

9.            10.           

11.           

       Fasting Blood               

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13.           Satwant 

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“The purpose for taking a policy of insurance is not, in our opinion, very material. It may serve the purpose of social security but then the same should not be obtained with a fraudulent act by the insured. Proposal can be repudiated if a fraudulent act is discovered. The proposer must show that his intention was. It must appear from the face of the record. In a case of this nature it was not necessary for the insurer to establish that the suppression was fraudulently made by the policy holder or that he must have been aware at the time of making the statement that the same was false or that the fact was suppressed which was material to disclose. A deliberate wrong answer which has a great bearing on the contract of insurance, if discovered may lead to the policy being vitiated in law.”

15.           United India Insurance  

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కె.ఎం.కె*