Petitioner’s husband had taken a life insurance policy for a sum of Rs.1 Lac on 14.02.2202.  The policy lapsed in February, 2003 and it was got revived on 27.03.2004.  At the time of revival of the policy, a fresh declaration about the status of health was obtained.  On the basis of that declaration, a fresh contract was entered into and, thereafter, the policy was revived.  The insured died on 11.9.2004.  Petitioner being the nominee filed the claim which was repudiated on

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the ground that the insured withheld the fact that he was suffering from epilepsy at the time of revival of the policy.  Aggrieved against this, complainant filed the complaint before the District Forum.

District Forum allowed the complaint and directed the petitioner to pay the insured amount along with accrued benefits with interest @ 10% p.a. from the date of repudiation.  Rs.1,000/- were awarded by way of costs.

Respondent being aggrieved filed the appeal before the State Commission.  The State Commission reversed the order of the District Forum holding that the petitioner was guilty of suppression of material facts.  The State Commission in its order has noted that the respondent had brought on record two Medical Certificates; one from Senior Physician, Govt Hospital, Bharatpur and the other from Senior Physician, General Hospital, Karauli.  In both the Certificates, the insured was shown to have suffered from epilepsy.  These Certificates bear the signatures of the insured.  Insured died on 11.09.2003.l  The fact that the insured was suffering from epilepsy was not disclosed by him while giving the fresh declaration.  It has

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rightly been held by the State Commission that the insured was guilty of suppression of facts.  It has rightly been held by the Supreme Court as well as this Commission that on detection of suppression of facts, the insurance company can repudiate the claim.  Dismissed.