THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present: Sri. Santhosh Kesavanath P., President Smt. Bindhu M. Thomas, Member Sri. K.N. Radhakrishnan, Member CC. No. 70/2008 Thursday, the 25th day of February, 2010.
Petitioner : 1) Reeja P. George, Podimattathil House, Thellakom P.O Rosamma George
--do— (By Adv. G. Jayasankar)
Opposite parties : 1) S.B.I Life Insurance Company Ltd. State Bank Bhavan, Corporate Centre, M.C Road, Mumbai – 21. (By Adv. Alex George)
2) The Branch Manager, State Bank of Travancore, Ammencherry Branch, Kottayam. O R D E R
Sri. Santhosh Kesavanath P., President.
Case of the petitioner is as follows. First petitioner is the daughter of the second petitioner. The father of the first petitioner, who is the husband of the second petitioner P.T George died on 23..5..2006. The deceased P.T George insured the first opposite party as per policy No. 15000911207 Dtd: 23..9..2005. In the said policy the first petitioner was made by the nominee of deceased PT George. After the death of the deceased PT George petitioner’s preferred a claim to the opposite party. But the claim of the petitioner was repudiated as per letter Dtd: 10..2..2007. According to the petitioner act of the opposite party in repudiating the claim of the petitioner is a clear deficiency of service. So, he prays for an -2- order directing the opposite party to pay the claim amount along with the cost and compensation. The head legal of the opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party the claim of the petitioner was repudiated on genuine and legal grounds. The deceased life assured P.T George, suppressed disease of chronic alcoholism from opposite party at the time of obtaining the policy. So, according to the opposite party repudiation of the claim is legal and on valid grounds. So, they prays for dismissal of the petition with their costs. Points for determinations are: Whether there is deficiency in service on the part of the opposite party? Relief and costs.
Evidence in this case consists of affidavit filed by the both parties and Ext. A1 to A3 documents on the side of the petitioner. Point No. 1 Petitioner produced copy of the repudiation letter Dtd:10..2..2007 and said document is marked as Ext. A3. In Ext. A3 reason for repudiation is stated that in the proposal form Dtd: 15..10..2005 the petitioner stated that he has not consumes tobacco and alcohol but from the report available it has come to the notice that diseased was a chronic alcohol and chronic smoker prior to the commencement of the risk and insured died of chronic liver disease. So, he suppressed material facts and as per the law he is not entitled for the insured sum. Even though the opposite party has a specific case that petitioner suppressed the material facts they have not produced any evidence to -3- prove that the petitioner consumes tobacco and alcohol or else they have not adduced any evidence to prove that habits of the petitioner were directly the cause of his death. So, in our view act of the opposite party in repudiating the claim of the petitioner is a clear deficiency in service. So, point No. 1 is found accordingly. Point No. 2 In view of the finding in point No. 1. Petition is allowed and the petitioner is entitled to relief sought for. In the result opposite party is ordered to pay an amount of Rs. 3,00,000/-, sum insured, within 30 days of receipt of this order. Opposite party is also ordered to pay an amount of Rs. 5,000/- as compensation for the loss and sufferings to the petitioner. If the order is not complied within 30 days award amount will carry 9 % interest from the day of order till realization. Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 25th day of February, 2010. Sri. Santhosh Kesavanath P. President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radhakrishnan, Member Sd/
APPENDIX Documents for the petitioner: Ext. A1: Copy of the Policy No. 1500974710 Ext. A2: Copy of the policy No. 15000911207 Ext. A3: Repudiation letter Dtd: 10..2..2007. By Order,
Senior Superintendent Despatched on / Received on
amp/ 5 cs.
| | HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | | 
