Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
Mr.Vishal Tambat-Advocate for the appellant. Ms.Sheetal Patil-Advocate for the respondent.
This appeal takes an exception to an order dated 17/07/2009 passed in consumer complaint no.309/2008, Smt.Usha Vasant Shirsat v/s. Life Insurance Corporation of India, passed by District Consumer Disputes Redressal Forum, Nasik (‘forum’ in short).
Deficiency in service on the part of opponent is alleged on account of repudiation of the insurance claim on the ground of breach of good faith since while taking the policy insured late Vasant Namdeo Shirsat suppressed material information. Upholding contention of the Insurance company made in their written version, the forum dismissed the consumer complaint and feeling aggrieved thereby this appeal is preferred by the original complainant.
In the instant case, documents produced on record are undisputed documents. The material basically a proposal form, on the basis of which it could be alleged about suppression of material fact, and wherein while answering to the questions, whether he was suffering from or had ever suffered from ailments pertaining to Liver, Stomach, Heart Lungs, Kidney, Brain or Nervous system, answer was given in the negative. Similarly, to a question whether he had taken any treatment for any ailment in the past, he answered in the negative. Furthermore, while answering question related to general health, he affirmed that he enjoyed good health. Considering this particular information supplied and, prima facie, relying on it, the insurance company was pleased to issue the insurance policy. It was found that he was suffering from heart disease for over 14 years prior to taking of the policy and, as such, since there is a breach of good faith, insurance company repudiated the claim.
It is tried to be submitted on behalf of the appellant that Insurance company failed to justify their repudiation. Onus of proof would be relevant if the facts could not be established on the basis of material on record. In the instant case on the basis of material placed on record, to which a reference is made earlier, facts are well established and under the circumstances issue as to burden of proof is quite irrelevant. Under the circumstances, we find no reason to take a different view than what has been taken by the forum while dismissing the consumer complaint. Thus, finding the appeal devoid of any substance, we pass following order:-
ORDER
Appeal stands dismissed.
No order as to costs.
Copies of the order be furnished to the parties.
Pronounced on 29th June, 2011.
