Facts in brief are that the deceased, Shri Radhey Lal, husband of the complainant, had taken four Endowment Assurance Policies with profits plus accident benefit.  Premium for the same used to be deducted from his salary by the employer, BHEL.  He went missing on 10.12.2002 and his dead body was found on 21.12.2002.  He had died in an accident.  Complainant lodged her claim with the insurance company, which repudiated the same on the ground that the deceased withheld material information about his health and habits at the time of taking the policies.  Aggrieved by this, respondent/complainant filed a complaint before the District Forum.

          District Forum, by its order dated 5.4.2007, allowed the complaint and directed the petitioner to pay the insured amount along with accident benefits, etc. along with interest at the rate of 9% per annum.  There was another policy, which was not included in the complaint, but the District Forum allowed the complaint qua all the five policies.

          Being aggrieved against the order passed by the District Forum, petitioner filed an appeal before the State Commission, which was partly allowed.  State Commission confined the relief with respect to the four Endowment Assurance Policies regarding which the grievance had been raised in the complaint.  The fifth policy bearing No.270788651, which was not the subject-matter of the complaint, was excluded.  State Commission has held that the petitioner had failed to prove that the deceased was suffering from Tuberculosis.  No positive evidence had been produced by the petitioner to show that the deceased was suffering from Tuberculosis.  The only evidence produced was hospital’s out-patient book, in which it is mentioned that the deceased was suffering from Pulmonary Tuberculosis.  Doctor, who had written this, has not been examined.  There is no other evidence to prove that the deceased was suffering from Tuberculosis or the same has been withheld by the deceased knowingly, while taking the policies.  Dismissed.