NCDRC

NCDRC

RP/3150/2011

NARINDER KAUR - Complainant(s)

Versus

LIC OF INDIA - Opp.Party(s)

MR. KESHAV RAI

24 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3150 OF 2011
 
(Against the Order dated 18/04/2011 in Appeal No. 2719/2004 of the State Commission Haryana)
1. NARINDER KAUR
W/o Sh Suresh Kumar, R/o Village Terori, P.O Rattan Garh Vai Shahabad
Kurukshetra
Haryana
...........Petitioner(s)
Versus 
1. LIC OF INDIA
through Senior Divisional Manager, Sector- 17-B,
Chandigarh
Chandigarh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
MR. KESHAV RAI, ADVOCATE
For the Respondent :
MR. ANOOP K. KAUSHAL, ADVOCATE

Dated : 24 May 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER Heard learned counsel for parties. Registry has reported delay of 42 days in filing revision petition for which an application for condonation of delay has also been filed by petitioner, who is a lady. It seems from the reasonings assigned that considerable time was lost in accumulation of funds to which the petitioner began exercise for filing revision petition before National Commission, on appointment of a lawyer and this too, consumed a lot of time. Having considered submissions made on behalf of petitioner, we hereby condone the delay. 2. Smt. Narinder Kaur, the petitioner/complainant has picked up a conflict with Life Insurance Corporation of India, the respondent, in these proceedings, as the respondent repudiated her claim in respect of the death of her husband, Sh. Suresh Kumar, the assured. Sh. Suresh Kumar, the deceased, had obtained an insurance policy from the respondent for a sum of Rs.1,00,000/- on 15.02.2000. Unfortunately, Sh. Suresh Kumar expired on 06.10.2000. The claim filed by his wife, the petitioner, was repudiated vide letter dated 15.07.2002 on the ground that Sh.Suresh Kumar had suppressed the fact that he was suffering from chronic yeloid Leukaemiaand was regularly getting treatment from PGIMS, Rohtak. Aggrieved, the petitioner filed complaint before the District Forum. The District Forum allowed the complaint. 3. However, on appeal, preferred by the respondent, Life Insurance Corporation of India, the State Commission accepted the appeal filed by it and set aside the order passed by the District Forum and dismissed the complaint, after placing reliance on the authorities reported in PC Chacko & Anr. Vs. Chairman, LIC of India (2008) 1 SCC 321, Satwant Kaur Sandhu Vs. New India Assurance Co. (2009) 8 SCC 316, Jothi Ammal Vs. LIC of India 2003 (3) CLT 561 (SCDRC, Chennai) and decision of National Commission in RP 1167/1997 titled as LIC of India Vs. Minu Kalita, decided on 19.03.2002. Aggrieved by that order, the present revision petition has been filed. 4. We have heard the learned counsel for the parties. The learned counsel for the petitioner, half-heartedly, argued that the above said ailment cropped up immediately before the death of the deceased and he was not aware of the above said ailment. 5. All these arguments carry no conviction. The Proposal Form filled-up by the deceased goes to show that he had not disclosed the above said ailment, which bears his signature. On the other hand, the respondent has produced the claim form No. 3816 prepared by LIC of India, Divisional Office, Karnal. Its answer No. 3, is reproduced as follows :- 2. What was the date of admission into The Hospital? 3. Under whose treatment was the patient before he was admitted into the Hospital? If the patient had brought a letter or a note from any doctor at the time of admission, kindly furnish us with a copy thereof. 4/7/2000 3. Follow up case of clinical Haematology clinic vide HO No. 1076. Known case of CML for 5-6 years on regular Rx From PGI Chandigarh. At the foot of the document, it further mentions as follows: nown case of CML for 5-6 years on regular treatment from PGI Chandigarh presented with Bony Pains & General Weakness x 1 month. Joint Pains --- B/1 knee B/1 shoulders B/1 elbow History of pain abdomen associated with mass upper left abdomen which is gradually increasing in size for last 8-10 days. Examination revealed Generalised Pallor, Hepatosplenomagaly, and tenderness in all body joints. Imp. CML with accelerated phase with ? Septic arthritis ?? Bony infiltration Certified that the above information is correct as per records of the Hospital. Date Signature Sd/- Doctor name Sandeep Batra Qualifications MD, Med. Designations Sr.Registrar, Medicine, Deptt. Of Medicine Name of the Hospital PGIMS, Rohtak Postal Address Wd 9, Medicine, PGIMS, Rohtak 5. This document, which is of utmost importance has got deleterious effect on the case of the petitioner. Nothing was produced to scrub the above said evidence. It was not denied that the deceased was getting regular treatment from PGI, Chandigarh, for the last 5-6 years. 6. It is thus clear that the deceased kept the real facts under the hat and stated untruth before the LIC. Revision Petition being without any merit, is dismissed, with no order as to costs.

 
......................J
J. M. MALIK
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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