20-03-2015 - Inspite of fixing this case for exparte hearing nobody appears on behalf of the respondent.

2.       Heard Mr. A.K. Choudhary, learned counsel appearing for the appellant on limitation and on merits.

3.       On being satisfied with the grounds, the delay of about 17 days in filing this appeal is condoned.

4.       Mr. Choudhary submitted that the leaned District Forum wrongly held that no chit of paper was filed on behalf of the O.Ps/appellants/ Insurance Company in support of its case. He referred to the copy of the written statement filed on behalf of the Insurance Company before the learned District Forum alongwith which several documents were annexed including Annexure-D, which was discharge summary of TMH Hospital Jamshedpur as well as the prescription dated 12^th July 2011 of the Doctor to show that the insured was a chronic patient of Alcoholic Hepatitis with Hepatic Encephalopathy; he was in habit of chronic alcohol  consumption and had taken treatment for portal hypertension, chronic alcoholic  liver disease just prior to the issuance of the policy and had under treatment between 12.7.2011 to 20.7.2011 but the same was suppressed while filling up the proposal form and paying premium on 17.8.2011. He further submitted that the insured died on 21.11.2011, i.e. within three months of issuance policy dated 26.8.2011.

5.       After carefully going through the records, we find force in the submission of Mr. Choudhary.

6.       The prescription of the Doctor Dated 12.07.2011 and the discharge summary of Tata Main Hospital dated 22.07.2011 were filed before the learned District Forum by the Insurance Company along with it’s written statement to show that the deceased underwent treatment for Alcoholic Hepatitis with Hepatitis Encephalopathy within one month prior to submitting the proposal but such vital and materials facts were suppressed in the proposal form. It is settled law that insurance contract is based on utmost good faith.

7.       The learned District Forum passed the impugned judgement on the ground that the Insurance Company did not furnish any chit of paper in support of its case which is not a correct position. Accordingly the impugned judgement is set aside.

8.       Before parting with this case we are of the view that the family of the deceased must have suffered on account of Alcoholism of the deceased apart from sufferance due to his death. Therefore we direct the appellant to return the premium amount of Rs. 50,000/- by way of ex-gratia payment in favour of the respondent, in the Executing Court within four weeks from today, which the complainant/ respondent will be at liberty to withdraw.

9.       Statutory amount be returned to the appellant.

          With these observations and directions this appeal stands allowed.

                     Issue free copy of this order to all concerned for information and needful.

                    Ranchi,

                   Dated:-20-03-2015