KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 86/2008 JUDGMENT DATED: 09-02-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI. M.K. ABDULLA SONA : MEMBER APPELLANT The Life Insurance Corporation of India Represented by Divisional Manager, Divisional Office, Kozhikode. (Rep. by Adv. Sri. S.S. Kalkura) Vs RESPONDENT P. Suma, W/o R.M. Ravindran, “Kavyalayam”, Pavannur P.O., Pavannur Motta, Kannur District. (Rep. by Adv. Sri. D. Ganesh Kumar) JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties/LIC in OP No. 32/2005 in the file of CDRF, Kannur. The appellants are under orders to pay a sum of Rs. 2 lakhs and costs of Rs 1,000/- 2. The case of the complainant, who is the wife of the deceased, is that the deceased had taken an LIC policy for a sum of Rs. 1,00,000/- with double accident benefit. The deceased died in a fire accident on 18-07-2003. The opposite parties repudiated the claim. 3. The opposite parties have contended that there was suppression of material facts in the policy taken on 15-07-2002 as the fact that the deceased had undergone brain surgery on 17-03-2002 was suppressed. The opposite parties have also produced 10 documents to substantiate the case. 4. The evidence mentioned in the judgment are the testimony of DW1, Ext.A1, A2, B1 to B3. 5. There was no representation for the complainant/respondent. 6. The Forum has allowed the complaint pointing out that the opposite parties have not attempted to prove that the deceased had undergone brain surgery. 7. It is pointed out by the Counsel for the appellant that documents produced that included the proposal form, the claimant’s statement, the letter sent by the claimant, the case sheet of the hospital wherein the surgery was conducted, the leave certificate and ESI cards etc. produced are not considered by the Forum. The affidavit filed by DW1 was also not considered by the Forum. It is pointed out that the deceased had committed suicide on account of depression consequent to brain surgery undergone. We find that the above documents are seen in the lower court case records. We find that the Forum has not considered the evidence adduced by the opposite parties. In the circumstances, the order of the Forum is set aside. The matter is remitted back to the Forum for fresh disposal after permitting the parties to adduce evidence if they so desire. The case stands posted before the Forum on 30-03-2010. The office is directed to forward the copy of this order as well as the LCR to the Forum urgently. JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER | 
