Complainant/respondent’s husband had taken a life insurance policy for Rs.1,50,000/- which commenced from 27.12.2007.  He died in a vehicle accident on 01.01.2008.  FIR was lodged with the Police Station which confirmed the cause of death being ‘hemorrhage and shock due to multiple injuries.  Respondent lodged the claim on 10.04.2008 which was repudiated on 25.05.2008 on the ground that the deceased was suffering from diabetes since 2001 and from multifocal

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choroilditis since May 2005 and this information was not disclosed in the proposal form filled on 12.12.2007.  Being aggrieved respondent filed the complaint before the District Forum.

          District Forum dismissed the complaint, aggrieved against which respondent filed the appeal before the State Commission.

          State Commission reversed the order passed by the District Forum and directed the petitioner to pay the insured sum of Rs.1,50,000/- to the complainant along with interest @ 9% p.a. from the date of repudiation till actual date of realization.  Rs.5,000/- were awarded as costs.

          Although we agree with the learned counsel for the petitioner that the judgment relying upon which the State Commission has reversed the order of the District Forum is not applicable to the facts of the present case, but we are of the opinion that the petitioner was not justified in repudiating the claim on the ground that the insured had failed to disclose the material information regarding the ailment from which he was suffering from.  The policy commenced from 27.12.2007 and the insured died on 01.01.2008 i.e. after four days of taking the policy.  Hypertension and diabetes are common disease and until and unless the gravity of the disease is proved the claim could not be repudiation simply on the ground that the insured was suffering from diabetes.  No

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merits.  Dismissed.