NCDRC

NCDRC

RP/1309/2009

LIC OF INDIA - Complainant(s)

Versus

NIRMALA DEVI - Opp.Party(s)

MR. C. PARAMASIVAM

08 Sep 2009

ORDER

Date of Filing: 16 Apr 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1309/2009
(Against the Order dated 25/11/2008 in Appeal No. 1325/2003 of the State Commission Rajasthan)
1. LIC OF INDIA ...........Appellant(s)

Vs.
1. NIRMALA DEVIW/o Late Sh. Suresh Chandan, R/o Kapasan, Tehsil Kapasan,CXhittorgarhRajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. C. PARAMASIVAM
For the Respondent :NEMO

Dated : 08 Sep 2009
ORDER

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          Petitioner was the opposite party before the District Forum.

          Case of the respondent/complainant was that her husband, Suresh Chander, had taken four life insurance policies from the petitioner.  He died on 3.1.2002.  Complainant lodged her claim with the insurance company, which was honoured qua 3 policies but was repudiated qua the fourth one on the ground that the deceased had been consuming alcohol for the last 15-25 years and thus was a chronic alcoholic.  This fact had not been disclosed at the time of filling in of the proposal form.

          Aggrieved by this, the respondent filed a complaint before the District Forum.  District Forum dismissed the complaint, aggrieved against which, the respondent filed an appeal before the State Commission.  State Commission, by the impugned order has allowed the appeal and directed the petitioner to pay the insured amount along with interest at the rate of 9% from the date of repudiation of the claim, i.e., 3.10.2002 till realization.  It has been held by the State Commission that the photocopy of the Discharge Certificate produced by the petitioner could not be taken into consideration in the absence of a formal proof.  Petitioner had not filed certified copies of the concerned hospital or the affidavit of the doctor who got these documents prepared. 

          We agree with the view taken by the State Commission.  The Discharge Summary produced by the petitioner remained unproved.  Neither the original of the document was produced by the petitioner nor the affidavit of the person who prepared the summary has been filed.  No merit.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER