Complaint Case No. 122/2010

Sobhit Sharma S/o Sri Ashok Kumar Sharma nabaling age about 12year by Sanrakshak Sri Ashok Kumar Sharma S/o Sri Hari  Shankar Sharma R/o Gram Bhartari Post Bhankari  Aligarh

V/s

 Divisional Manager, Life Insurance Company Ltd, Divisional office Jeewan Prakash Masudabad, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  following relief-

1. the Op be directed to pay the assured sum Rs.100000.
2. cost of litigation Rs.5000 be awrded.

(b) Compensation be awarded at Rs 50000 for harassment.   

2. Complainant has stated that his Grandfather Harbans Sharma was insured by the Op on 28.3.2005 with the assurance of payment of the assured sum on death. Complainant’s grandfather was medically examined by the Doctor of the Op but the claim was rejected by the Op on the ground of concealment of the information relating to health and other habits.  
3. Op submitted in WS that the deceased policy holder Late Harbans Sharma was clinically examined by the doctor who measured the height, weight and external disfigurement of the policy holder and the report is based on the answers given by the policy holder. The doctor cannot diagnose any internal disease or habits of taking drugs or intoxication. Complainant submitted form B got filled up by the complainant from the doctors of J.N. Medical College and submitted with his claim. It is evident that policy holder was an alcoholic for last 10 years and he had been suffering from alcoholic liver disease and died on 30.1.2008, the day he was discharged from J. N. Medical College and died due to alcoholic liver disease.        
4. Complainant has filed his affidavit and papers in support of his pleadings. Op also filed his affidavits and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties.
6. First question for consideration is whether the complainant is entitled for any relief?
7. Complainant’s claim was repudiated on the ground of concealment of alcoholic liver disease and alcoholic habit. Complainant submitted that he was medically examined by the  doctors of OP but the Op has make clear that the doctor measures height ,weight and external disfigurement of the proposal and the doctor did not diagnose any internal disease of the proposer or his habits of taking drugs and other intoxication. The policy based upon the answers given by the proposal and he had concealed material fact that he had been taking alcohol for the last 10 years and he had died due to alcoholic liver disease. OP has filed the form B which was got filled up by the complainant from doctors of J.N. Medical College and was submitted by the complainant with the claim which shows that the policy holder was a known alcoholic for the last 10 years and he had been suffering alcoholic liver disease. Thus it is proved that the policy holder had concealed the material fact of Preexisting disease and alcoholic habit which renders the contract of insurance void and disentitles the complainant for awarding any assured sum on the death of policy holder.            
8. Question formulated is decided against the complainant.      
9. We hereby dismiss the complainant.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.

File be consigned to record room along with a copy of this judgment