NCDRC

NCDRC

RP/2221/2010

KANCHARLA ARUNA KUMARI - Complainant(s)

Versus

LIC OF INDIA & ANR. - Opp.Party(s)

MR. R. SANTHANA KRISHNAN

22 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2221 OF 2010
(Against the Order dated 19/03/2010 in Appeal No. 369/2010 of the State Commission Andhra Pradesh)
1. KANCHARLA ARUNA KUMARIR/o. Kakarlapalli (V)KhammamAndhra Pradesh ...........Petitioner(s)
Versus
1. LIC OF INDIA & ANR.Rep. by its Divisional Manager, P.B. No. 17, BalasamudramHanamkondaAndhra Pradesh2. LIC OF INDIARep. by its Branch Manager, Wyra RoadKhammamAndhra Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 22 Jul 2010
ORDER

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Heard counsel for the Petitioner. The revision is directed against the concurrent findings of two fora below. The fora below found that there was material suppression of illness of cancer by the insured at the time when the insurance was taken by him. In column 11 of the proposal form the insured had stated that he was not suffering from any ailment during the past five years. However, the insurance policy was taken on 31.1.2002 and the insured died within almost three months of taking of the policy, that is to say, on 2.4.2002. Therefore, Section 45 of the Insurance Act comes into play. The Insurance Company with the help of RW-1 Dr. T.G. Sagar has established beyond any doubt that insured had taken treatment for cancer and was even admitted in the hospital from 30.7.2001 to 2.8.2001. Both the fora below have considered the entire matter in correct perspective and the suppression of material fact namely cancer which has material bearing goes to root of the matter on account of which the Insurance Company has rightly repudiated the claim filed by the Complainant. In view of the above, we do not find any merit in the revision. The revision is accordingly dismissed with no order as to cost.



......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER