NCDRC

NCDRC

RP/705/2010

LIFE INSURANCE CORPORATION OF INDIA & ANR - Complainant(s)

Versus

SHAKUNTALA SHIVDAS WAGHMODE - Opp.Party(s)

MR. MOHAN BABU AGGARWAL

10 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 705 OF 2010

(Against the Order dated 05/10/2009 in Appeal No. 125/2009 of the State Commission Maharastra)

1. LIFE INSURANCE CORPORATION OF INDIA & ANR Through its Branch Manager, Branch No. 94-B, Sayadhari Shopping Centre, Old Employment Chowk, Railway Lines Solapur (Maharashtra) 2. LIFE INSURANCE CORPORATION OF INDIA Through its Branch Manager, Pune Divisional Office - 2, Mahavir Park, 4th Floor, Pune - Satara Road, Bibwewadi Pune - 411037 Maharashtra	...........Petitioner(s)
Versus
1. SHAKUNTALA SHIVDAS WAGHMODE Res: 109, Gajanan Nagar, Marjewadi, Hotagi Road Solapur (Maharashtra)	...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
	HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :

MR. MOHAN BABU AGGARWAL

For the Respondent :

NEMO

Dated : 10 Nov 2010

ORDER

Delay of 20 days condoned. Heard Counsel for the petitioner who states that the complainant/respondent was suffering from diabetes which has been duly proved by tendering in evidence xerox copies of the treatment from Medical Superintendent, Solapur. In this respect, the State Commission has observed that the case papers of contract operation of late Shivdas Waghmode were not tendered in evidence and it has been further observed that mere filing Xerox copies would not prove anything. We entirely agree with the observations of the State Commission since the said documents were required to be proved by filing affidavit evidence, which has not been done. In view of this, the case papers of contract operation could not have been taken into consideration. The Insurance Company has failed to prove that the respondent has suppressed any material fact at the time of taking policy. There are concurrent findings of fact, which do not call for interference in the exercise of revision powers. In view of the above, the revision is dismissed with no order as to costs.

......................J

R.K. BATTA

PRESIDING MEMBER

......................

VINAY KUMAR

MEMBER