Respondent has not put in appearance in any dates of hearings inspite of notice issued.  Ordered to be proceeded ex-parte.

          Life Insurance Corporation of India, petitioner herein was the opposite party before the District Forum.

          Husband of the respondent/complainant had taken a                      life  insurance policy w.e.f. 01.1.2002 in the sum of Rs.50,000/-. 

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The insured died on 06.7.2002 due to myocardial infraction.  Insurance claim was lodged by the respondent with the petitioner which was repudiated by the petitioner on the ground of ‘Suppression of Facts’.  This led to the filing of the complaint.

          District Forum allowed the complaint and directed the petitioner to pay the assured sum of Rs.50,000/- along with interest @ 10% p.a. w.e.f. the date of reputation i.e. 10.12.2003 till realization.  Rs.1,000/- were awarded by way of costs.

          Being aggrieved, petitioner filed an appeal before the State Commission.  The State Commission dismissed the appeal holding that the documents exhibits R-4 and R-5 relied upon by the petitioner showing that the deceased was suffering from Alcoholic Lever Disease, had not been proved.  The Doctor who had issued the Certificate, has not stepped in the witness box to prove the documents.   Exhibits R-4 and R-5 remained unproved and hence, could not be relied upon.

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          On the basis of an interim order dated 29.10.2004 by the District Forum which reads as under:

          “The fact the insured was admitted to the hospital prior to the taking of the policy is not in dispute when that in the case, there is no scope for summoning its Doctor from the hospital where the insured has taken treatment.  Hence, application is rejected.  The counter affidavit filed by OP is taken on record.”

Counsel for the petitioner states that it be taken as an admitted position that the deceased was hospitalized before taking of the policy.  We find no substance in this submission.  This is an interim order passed by the District Forum which merges in the final order at the time of passing the final order.  The basis on which the District Forum had written that the insured was admitted in the hospital prior to taking of the policy, has not been spelt out.  This fact also remains unproved.

          For the reasons stated above, we do not find any substance in this revision petition.  Dismissed.

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            Since the respondent is not present, we are not passing any order as to costs.