NCDRC

NCDRC

RP/2783/2010

AJAIB KAUR - Complainant(s)

Versus

LIFE INSURANCE COMPANY & ANR. - Opp.Party(s)

DR. RAMESH KUMAR HARITASH

31 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2783 OF 2010
(Against the Order dated 12/01/2010 in Appeal No. 913/2006 of the State Commission Haryana)
1. AJAIB KAURResident of Village and Post Office Phushgarh, Tehsil and District KarnalKarnalHaryana ...........Petitioner(s)
Versus
1. LIFE INSURANCE COMPANY & ANR.Through its Branch Manager, P.O. No. 106, Jeewan Prakash, 489, Model TownKarnalHaryana2. LIFE INSURANCE COMPANY OF INDIAThrough its Sr. Divisional Manager, P.O. No. 106, Jeewan Prakash, 489, Model TownKarnalHaryana ...........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 : 31 Aug 2010
ORDER

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Heard Counsel for the Petitioner. Delay is condoned. The Complainant’s husband had taken a policy which had lapsed on account of non payment of premium. Later on, the said policy was revived on 4.9.2002 and the life assured died on 29.3.2003. The claim put up by the Complainant was rejected by the Insurance Company on the ground that the life assured had concealed material facts as to state of his health at the time of revival of the policy. The case of the Opposite Party is that the life assured was suffering from chronic diseases like, diabetes, mellitus, Type-II Liver Currhosis for which treatment was taken from Dr. Alok Gupta who had issued a certificate and had filed an affidavit to the effect that life assured was suffering from diabetes from the past two years. The State Commission has relied upon the relevant paragraph of the affidavit of Dr. Alok Glupta which reads as under:- “That the deponent treated Sh. Suresh of Sh. Mewa Sing, resident of village Phusgarh, Distt. Karnal, who was suffering from Diabetes, Fever, Boils in t he groin, Dysnoea of Exersion. He was suffering from Diabetes for the last two years. He was admitted in the hospital on 06.03.2003 and was referred to Higher Medical Centre for further management on 08.03.2003. The patient himself told the deponent regarding the disease.” The life assured was in fact admitted in the All India Institute of Medical Council on 9.3.2003 till his death. According to the certificate issued by Medical Supdt. AIIMS, New Delhi the deceased was suffering from diabetes, mellitus for the last two years and he was taking treatment from private practitioner. In view of this, the Insurance Company was justified in repudiating the claim since the life assured had suppressed material information as to his health at the time when the policy was revived. In view of the above, we do not find any merit in this revision. The revision is hereby dismissed with no order as to costs.


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