The brother of the complainant had taken policy for Rs.50,000/- w.e.f. 20.3.2002. The life assured died on 29.08.2002 due to hepatitis B +post Neuotic Liver Cirrhosis. The claim put forth by the complainant was rejected on the ground of suppression of facts about health of the life assured and that the life assured had taken treatment for Cirrhosis of liver prior to taking of policy which fact was not disclosed in the proposal form. The District Forum had allowed the claim and had directed to Insurance Company to pay Rs.50.000/- alongwith 8% interest from the date of repudiation and also pay Rs.2,000/- towards economical, physical and mental torture. This order was challenged in the State Commission but the appeal was dismissed. The impugned order of the State Commission is subject matter of challenge in this revision. Learned counsel for petitioner submitted that the life assured died within two years of taking of the policy and as such investigation under Section 45 of the Insurance Act, was done wherein it was found that the life assured had taken treatment for Cirrhosis of liver prior to taking of the policy and the life assured had suppressed material information, pertaining to his health in the proposal form due to which complainant is not entitled to any claim in respect of the said policy. The complainant is present in person and submitted before us that life assured, who was his brother, was not suffering from Cirrhosis of liver and had suddenly died. The Insurance company has placed before the fora below certificate of Shraddha Hospital regarding treatment by the life assured which shows that the life assured had taken treatment on 07.6.2001 for Cirrhosis of liver as out door patient about one year back. In support of this treatment, Dr. H.D.Nagrani had filed an affidavit before the District Consumer Forum, wherein he had confirmed that he had treated the life assured from 7.6.2001 and he was suffering from Cirrhosis of liver. The life assured ultimately died on account of Cirrhosis of liver. It is the case of the petitioner that the life assured had suppressed the relevant information and treatment at the time of submitting the proposal. There are also further documents of treatment of the life assured in other hospital and also from the Rajasthan Hospital for treatment of Hepatitis B + post neurotic liver cirrhosis after the policy was taken. Be that as it may on the basis of material on record, the Insurance Company has been able to establish that the life assured had suppressed fact of suffering from Cirrhosis of liver at the time of taking insurance which fact was material for the purpose of taking decision for issuing insurance policy in favour of the complaint’s brother. In view of the above, we are of the opinion the Insurance company had very rightly repudiated the claim of the complainant. Accordingly, the orders of the fora below are set aside. The revision petition is allowed with no order as to costs. | 
