Petitioner’s brother had taken a life insurance policy on 28.3.2001 for a sum of Rs.3 lakh.  The policy was lying in a lapsed condition since March 2003.  It was revived by the insured on 6.11.2003.  The insured died on 12.2.2005.  Claim filed by the petitioner, being a nominee, was repudiated by the insurance company on the ground that while getting the policy revived, the insured suppressed the fact that he was taking treatment for HIV+ and Tuberculosis.  Being aggrieved, petitioner filed complaint before the District Forum.

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

It has come on record that the insured, at the time of revival of the policy, was taking treatment for HIV+ and Tuberculosis from AIIMS.  At the time of revival of the policy, a fresh declaration is to be given and a new contract is entered into between the parties.  Admittedly, the petitioner, in the declaration given at the time of revival of the policy, did not disclose that he was suffering from/taking treatment for HIV+ and Tuberculosis.  The State Commission has rightly come to the conclusion that the insured was guilty of suppression of facts while getting the policy revived.  It has repeatedly being held by the Hon’ble Supreme Court as well as this Commission that the insurance company can repudiate the claim in case there is suppression/withholding of the material facts at the time of taking/revival of the policy.  Dismissed.