Rajasthan

StateCommission

A/1020/2017

Branch Manager ICICI Prudential Life Insurance Company Limited - Complainant(s)

Versus

Smt. Chanda Devi Soni d/o Late Sh. Labhchnad Soni - Opp.Party(s)

Prateek Kasiliwal

17 Apr 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1020 /2017

 

Br.Manager, ICICI Prudential Life Insurance Co. Bhilwara Br.office, 3^rd floor, Above Axis Bank, Heera Panna Market, Bhilwara & ors.

Vs.

Smt.Chanda Devi Soni d/o late Labhchand Soni r/o Hanuman colony, arni Mahadev Road, Shastri Nagar, Bhilwara.

 

Date of Order 17.4.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Rakesh Kumar Rajwania counsel for the appellant

Mr. Deepak Sarawagi counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

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This appeal is filed against the order passed by the District Forum, Bhilwara dated 14.7.2017 whereby the claim is allowed against the appellant.

 

The contention of the appellant is that material facts have been suppressed as regard to health and age of the deceased. The contention of the appellant is that deceased was suffering from diabetes from last 20 years hence, the claim should have been dismissed.

 

Per contra the contention of the respondent is that claim has rightly been allowed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that the claim was repudiated on the ground of suppression of material facts and contention of the appellant is that the deceased was suffering from hypertension and diabetes from last 20 years. To support this contention Anx. R/E discharge ticket of Fortis Hospital is submitted which clearly mentioned the past history 2 DM for

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20 years. In patient history record also it has been mentioned that he is known case of 2 DM/ hypertension. In family history it has also been mentioned that he is diabetic. Provisional diagnosis has also been established as type 2 DM. HTN. In daily progress note of Fortis Hospital also it has been mentioned that he is known case of type 2 DM, HTN since 20 years. Hence, medical record of the deceased clearly reveals that he is known case of diabetes/ hypertension and by suppressing these facts policy is purchased.

 

Even the office of ombudsman has recorded the finding that the deceased is a case of diabetes and hypertension and it has also been revealed that policy was purchased through the husband of the present complainant meaning thereby the complainant and her husband were well knowing that her father is suffering from disease and by suppressing these facts policy is purchased and reliance has rightly been placed on the judgment passed by the National Commission in Revision Petition No. 2091/2007 Maya Devi Vs. Life Insurance Corpn.of India.

 

The other contention of the appellant is that age has also

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been represented wrongly but repudiation has not been recorded on the disparity of the age hence, this contention has no force. In view of the above when the policy has been purchased by suppression of material facts the claim should have been dismissed.

 

In view of the above the appeal is allowed and the order of the Forum below dated 14.7.2017 is set aside.

 

(Nisha Gupta) President

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