Deceased insured took life insurance policy from respondent Corporation for a sum of Rs.1 lakh on submission of proposal form on 15.2.2004. While so, insured died on 28.5.2004. As death of insured had been within a very short span after insured had taken insurance policy, an investigation commenced by Insurance Corporation when it was noticed that even though insured was admitted in Government Hospital Beawar on 2.1.2004 when he was diagnosed suffering from Hypertension stroke, Vertigo and Dysphasia, suppressing material facts secured policy -2- on declaration of good health on 15.2.2004. After claim was lodged by petitioner that was repudiated by respondent on grounds noticed above. Aggrieved claimant took recourse to Consumer Fora filing a complaint and District Forum having overruled contentions raised on behalf of Insurance Corporation, on consideration that though insured remained in hospital only for investigation for one day, accepted complaint. After an appeal was preferred by Insurance Corporation, State Commission having taken notice of diagnosis recorded in bed head ticket of deceased, returned a finding that there was suppression of material fact about status of health of insured and accepting appeal, dismissed complaint. It is how that petitioner is in revision. Hospital treatment record would show that at the time of admission deceased was diagnosed, suffering Hyper Tension and she had difficulty in speech, Vertigo and in final diagnosis she was found to have suffered Dysphasia which is impairment in communication caused by damaged to the portion of left side of brain which is responsible for language and communication. Added to this as was noticed above State Commission also took notice of stroke which is the state of rapidly loosing brain function due to disturbance in blood supply to the brain caused by thrombosis or embolism or due to hemorrhage. Since deceased was suffering with all these -3- serious ailments this was not a simple cause of Hyper Tension alone. As contract of Insurance like other contract is of utmost faith, the parties to the contract are expected to place all cards before they execute the documents. Even though insured had suffered serious ailment on 2.1.2004 no disclosure of this facts was made in declaration about status of health that was made by her on 15.2.2004. The insured, hence, was ex-facie guilty of suppression of material fact. The contract executed by her was evidently void. Having gone through finding of State Commission which is based on proper appreciation of issues involved, we do not find infirmity in impugned order requiring our interference in revision. Resultantly, revision petition, in circumstances, is dismissed with no order as to costs.
......................JB.N.P. SINGHPRESIDING MEMBER | |