NCDRC

NCDRC

RP/4708/2012

KAMLA DEVI - Complainant(s)

Versus

BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & ANR. - Opp.Party(s)

MR. MANOJ RANJAN SINHA

07 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4708 OF 2012
 
(Against the Order dated 14/09/2012 in Appeal No. 106/2010 of the State Commission Jharkhand)
1. KAMLA DEVI
W/o late Ajit Mohan Lal, Belwatikar, P.O & P.S-Daltonganj,
PALAMU
JHARKHAND - 822101
...........Petitioner(s)
Versus 
1. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & ANR.
Head Office-GE Plaza, Airport Road, Yerawada
PUNE - 411006
MAHARASTRA
2. M/s Bajaj Alliaanz Life Insurence Co Ltd
1st floor,Rajdhani Building,Dharamshala Road, Daltonganj,
PALAMU
JHARKHAND - 822101
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. MANOJ RANJAN SINHA
For the Respondent :NEMO

Dated : 07 Jan 2013
ORDER

1. Late Shri Ajit Mohan Lal obtained an insurance policy from Bajaj Allianz Life Insurance Company, OP, effective from 26.12.2007 for a sum of Rs.1,25,000/- paying Rs.25,000/- as the first premium for ten years period. Unfortunately, the insured passed away on 14.06.2008, i.e., before the expiry of six months from obtaining the insurance policy. Thereafter, Ms Kamla Devi the wife and nominee lodged a claim before the insurance company which was repudiated. Thereafter, she filed a complaint before the District Forum. The District Forum heard and accepted the complaint. 2. Aggrieved by that order, the opposite party filed an appeal before the State Commission. The State Commission accepted this appeal. It was observed that there was suppression of factum of disease. Paragraphs 4 and 5 of the State Commission order are hereby reproduced below: . The learned lower forum accepted the claim in toto giving occasion to this appeal with petition to condone the delay on 13.04.2010. The appellant has asserted that the learned lower forum wrongly discarded the prescriptions and medical document filed by the appellant as Ext. a to c etc. In prescription dated 27.03.2007 Dr P K Sinha treated him. In 05.03.207 he was detected having diabetes for eye problem. In March 2007 again he was treated by Dr M P Singh with high B P 180/110, blood sugar 257, blood urea 21.2 mg cratinine 2.77 mg. In 27.03.2007, Bio path lab reports cholesterol was found very high while on 28.03.2007 his blood sugar was found 510 mg again on 08.07.2007, 363 mg, 30.01.2008 at 219 mg. 5. In USG dated 30.03.2007 he was seen with enlarged prostate, evidence of cystitis with the thickness in U B Wall. On 15.01.2008 and 20.01.2008 he was admitted in RIMS and diagnosed with diabetic Nephropathy sudden loss of consciousness. He was also admitted in treated in Mungraj Gulraj Sarwagi Seva Niketan on 04.04.2007. But the learned lower forum discarded these document on grounds that opposite party has not proved them on oath. 3. It was further observed by the State Commission that these documents were never disputed by the complainant. It means that these documents were admitted and admission is the best evidence. It is the duty of the insured to tell the truth when ever queries are made by the insurance company. The inexorable fact is that the truth has annoying habit of being not staying suppressed for too long. This has been reiterated in the celebrated judgment of Apex Court in Satwant Kaur Sandhu vs New India Assurance Co. Ltd., - (2009) 8 SCC 316. 4. Learned counsel for the petitioner submits that he was an illiterate person and the proposal form was filled by an agent. This argument does not carry any value and the same is hereby rejected. Lies are lies and nothing would change them to the status of truth. 5. Hence, there is no merit in the revision petition and the same is therefore, dismissed.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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