ORAL ORDER

Per – Hon’ble Mr. Justice R. C. Chavan, President

          This appeal filed by Appellant/original Opponent – Tata AIG Life Insurance Company Ltd. (hereinafter referred to as ‘the Insurance Company’ is directed against an ex-parte order dated 10/04/2013 passed by the District Consumer Disputes Redressal Forum, Sangli partly allowing Consumer Complaint No.239 of 2011 and directing the Insurance Company to pay to the Respondent/Complainant – Mr. Ram Sevaldas Keswani (hereinafter referred to as ‘the Complainant’ for the sake of brevity) an amount of Rs.15,00,000/- towards insurance claim on account of belatedly of Mr. Mahesh Sevaldas Keswani.  Insurance Company sought to file appeal deleted and, therefore, filed an application for condonation of delay.  Application for condonation of delay was allowed by an order dated 24/10/2013 subject to payment of costs of Rs.5,000/- by the Insurance Company to the Complainant.  Insurance Company has also deposited entire amount as directed by the District Forum while seeking grant of stay to the execution of the impugned order.

[2]     We have heard Adv. Asim S. Vidyarthi on behalf of the Appellant/Insurance Company and with his help we have also carefully gone through the material placed on record.  None remained present on behalf of the Respondent.

[3]     According to learned counsel for the Insurance Company, the deceased had specifically stated that Insured was not suffering from diabetes, thyroid disorder, other hormonal disorder, high blood-pressure, palpitation, chest pain, raised cholesterol, heart-attack or any other disorder of heart or blood-vessel, while making an application for insurance on 13/04/2009.  According to learned counsel, Dr. Chandrashekar Patil, who was treating the Insured, had categorically certified that the Insured was suffering from diabetes-mellitus and hypertension for four years before the first consultation on 03/08/2009.  Even the death certificate issued by Dr. Yashwant B. More shows that the Insured was suffering from hypertension and possibly diabetes-mellitus since about one year.  In view of this, according to the learned counsel, Insurance Company has a good case to contest since the insurance policy had been sought by suppressing material facts.

[4]     Considering that the Insurance Company seems to have some factual points to be urged, which may a have bearing on tenability of the insurance claim, we would allow the appeal and set aside the impugned order subject to costs to be paid by the Insurance Company to the Respondent/Complainant since it was the Appellant/Insurance Company’s fault in not attending the District Forum.  In view of this we pass the following order:-

ORDER

Appeal is partly allowed.

Subject to payment of costs of Rs.5,000/- by the Appellant/Insurance Company to the Respondent/Complainant within a period of three weeks from the date of this order, impugned ex-parte order dated 10^th April, 2013 passed by the District Consumer Disputes Redressal Forum, Sangli in Consumer Complaint No.239 of 2011 is set aside.  Consequently, consumer complaint is remanded to the District Forum for fresh trial.

Parties shall appear before the District Forum on 03^rd November, 2014 on which date the Appellant/Insurance Company shall file its written version before the District Forum without fail and without seeking any further time.  Appellant shall inform next date to the Respondent by Speed Post.

Pronounced and dictated on 25^th September, 2014