BEFORE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD
F.A.No. 677 OF 2011 AGAINST C.C.NO.141 OF 2010 DISTRICT CONSUMER FORUM-I VISAKHAPATNAM
Between
Gowri Seepana, D/o S.Rama Rao, D.No.65-3-101, Nehru Nagar colony,
Appellant/Complainant
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Counsel for the Appellant
Counsel for the Respondents QUORUM:
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3. `5,000/-. `1,00,000/-. The complainant was a nominee. While the policy was in force, the policy holder died on 02.04.2008 due to heart-attack. On 30.04.2008, the complainant made a claim by submitting all documents. The opposite parties postponed the settlement of claim on some pretext or other. Therefore, `1,00,000/- with interest, compensation and costs.
4. Uberrimae Fidei”. The deceased obtained treatment even by the date of taking policy for “Acute Myeloid Lukemia” (Blood Cancer) in St.Ann’s Hospital, Malkapuram. She was given blood transfusion from 28.01.2008 to 31.01.2008. She was ultimately discharged on 17.02.2008 against Medical advice.
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“The certificate issued by the Cancer Institute, Chennai clearly goes to show that the petitioner had undergone medical treatment for Malignant Brain Tumour in the year1993 and while, getting the policy revived in the year 1993 deceased suppressed the fact that he was suffering from Malignant Brain Tumour. Declaration given by him while getting the policy revived was false. Deceased was guilty of suppressing the pre-existing fatal disease from which he was suffering at the time of getting the policy revived. Suppression of pre-existing disease disentitles the claimant to the amount insured under the policy”.
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KMK*