Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:
(1) This appeal taken an exception to an order dated 22.10.1999 passed in Consumer Complaint No.306/1997, Smt.Mahananda Vishwanath Gadekar & Ors. V/s.Divisional Manager, L.I.C. of India and Anr. Passed by the Consumer Disputes Redressal Forum, District Solapur (‘the Forum’ in short).
(2) The consumer complaint is in respect of alleged deficiency in service on the part of insurance Company to repudiate the claim on the death of insured – Vishwanath Gadekar, who died on 12.10.1994. The claim was repudiated on the ground of breach of utmost good faith, since it is alleged that the material information regarding previous illness was suppressed from the Insurance Company while taking Insurance Policy. Neglecting the defense of the Insurance Company vis-à-vis Appellant/Opponents, the Forum uphold the case of Complainant and awarded compensation of `2,00,000/- under the insurance Policy and `50,000/- as further compensation and `2,000/- as costs. Feeling aggrieved thereof this appeal is preferred by the original Opponent.
(3) Today, Appellants and their Counsel remained absent. Respondent by Advocate Mr.Sudhir Halli, present.
(4) It is brought to our notice that Insurance Company by issuing the notice to the Respondents asked them to remain present for final hearing for today. Said notice received by the Respondent is produced before us and kept on record. This shows that Appellants are well aware of today’s date of hearing.
(5) We have carefully considered the material placed on record and the submissions made on behalf of the Respondent. Original proposal form, it perhaps not brought on record. Since that is material document on the basis of which it may be said that the insured has suppressed some material information, the fact goes against the Insurance Company. Furthermore, the Insurance Company tried to rely upon the investigation report which was made for the insurance company. However, said material is not tendered in evidence as per Provisions of Section 13(4) of the Consumer Protection Act, 1986. Apart from that, the Forum rightly well considered that material which is legally tendered before it and arrived at a conclusion that no reliance could be placed on said material, since, the Affidavits of concerned investigators, viz., Dr.Joshi and Dr.Kulkarni were not produced on record. We find no fault with the impugned order and there is no reason to take different view than what has been taken by the Forum. Hence, finding the appeal devoid of any substance, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
Pronounced on 12th July, 2011.
