Respondents, in spite of service, were not putting in appearance. We had ordered substituted service by way of publication in the newspapers. Shri B.S. Sharma, Advocate has put in appearance on behalf of the respondents today. Service is complete. Petitioner was the opposite party before the District Forum. Dispute involved between the parties is in a very narrow compass. G. Kasturi, predecessor in interest of the respondent/complainant, had taken a life policy from the petitioner insurance company on 29.8.2003. G. Kasturi died on 30.8.2003 because of heart attack. Respondents, being the legal representatives, filed their claim before the petitioner, which was repudiated on the ground of suppression of material facts by the insured at the time of obtaining the policy. Aggrieved by this, respondents filed a complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to pay the sum assured along with interest at the rate of 12%. Rs.5,000/- were awarded by way of costs. Being aggrieved, petitioner filed an appeal before the State Commission, which has been dismissed by the impugned order. Petitioner had relied upon a certificate issued by the doctor to the effect that the deceased was suffering from Diabetes Milletus, Hypertension (duration not known) and Myocardial Infraction. Affidavit of the doctor/hospital, who had issued the certificate, was not filed. State Commission refused to rely upon the contents of the certificate, as the certificate was not formally proved. We agree with the view taken by the State Commission. The petitioner had failed to prove the certificate issued by the doctor by either filing affidavit of the doctor or that of the hospital. Documents remained unproved. Dismissed.
......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER | | 
