KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 237/2010

JUDGMENT DATED: 07-12-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                      : MEMBER

The Branch Manager,

Bajaj Allianze Life Insurance Co. Ltd.,

Amrita Towers, Mele Pattambi,                           : APPELLANT

Pattambi.

(By Adv: Sri.Siju Rajan)

            Vs.

1.         Leela,

W/o Late Dr.Mohandas,

Mangattil House,

Thattambadi, Edappal,

Malappuram District.

                                                                        : RESPONDENTS

2.         Bajaj Allianze Life Insurance Company,

5^th Floor, Ashok Plaza, Software Park,

SN 32/3, Nayar Road, Pune.

      JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellants are the opposite parties/insurance company in CC.106/07 in the file of CDRF, Palakkad.  The appellants are under orders to pay a sum of Rs.1,lakh towards the assured sum and Rs.5,000/- as compensation and Rs.1000/- as cost.

The case of the complainant who is the wife of the deceased is that her husband died during the policy coverage period with the opposite parties.  It is her case that the claim was repudiated on untenable grounds.

The opposite parties have contended that the assured had suppressed material facts as to the pre-existing diseases in the proposal form.  It is alleged that the assured was having uncontrolled diabetes for over 6 years and hyper tension for over 7 years.  He was a Homoeo doctor and was treating himself.  It is pointed out that the death summary issued by the Amritha Institute of Medical Sciences and Research Centre mentions that the deceased was a diabetic for 6 years and hyper tensive for 7 years and he was on regular medication.

The evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A7 and B1 to B12.

We find that Ext.B8 death summary issued from Amritha Institute of Medical Sciences and Research Centre mentions that he was a diabetic for 6 years and hyper tensive for more than 7 years and was on regular medications.  Of course he died on account of renal failure.  After hospitalization from 3/9/2006 to 17/9/2006, the policy was taken on 20/2/2006.   The assured died on 17/9/2006.  In Ext.B1 proposal form the assured had answered the queries relating to the existing ailments as nil.  The insurance contract being an uberimafeide one the assured was bound to disclose all material facts relating to his health.  Hence there is violation of policy condition ie suppression of material facts.  Hence the order of the Forum is set aside.  The appeal is allowed.

The office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR: MEMBER

VL.