This appeal by the defendant is against the judgment dated 24.3.1995 of the District Forum, Shillong in C.P. No.11(S) of 1994 directing the defendant to pay the insured amount of Rs.50,000/- to the Complainant with interest.

 

In short, the facts are as follows:-

 

                                                 One, Mr.P.M.Roy was an officer of U.B.I. On 20.10.87, he took a policy on his life from the defendant under saving scheme for Rs.50,000/-. After getting him medically examined by the department doctor, the Insurance Company issued a policy for the said amount. After paying the installments for 2(two) years, he died on 23.9.89 due to Cardiac Respiratory failure. The complainant being the wife and nominee, filed a claim for the insured amount on 28.9.89 before the L.I.C. The Insurance Company did not take any action but on 3.5.93 informed the complainant that about a year before the proposal, the deceased had suffered from Maleena which he did not disclose in his proposal for the policy. On that ground, they stated that the complainant was not entitled to get any amount whatsoever. Thereafter, the complainant filed a claim before the District Forum on 12.10.93 for award of the insured amount. The District awarded the claim of 50,000/- with 12% interest per annum from 28.11.89 and directed to pay it within one month, failing which the Defendant was to pay to the Respondent a further interest of 18% per annum. It also awarded Rs.500/- for costs.

 

                                                 Hence the appeal for the Defendant.

 

                                                 At the time of admission, the payment of all the amount was stayed by the Commission. The Complainant thereafter filed a cross objection for the claim of Rs.40,000/- as damages.

 

                                                 The first point argued by Mr.D.P.Dutta is that the deceased suppressed his ailment of Maleena. They pleaded that the Complainant as such was not entitled to get the insured amount. Admittedly, the deceased was examined by their own doctor who found him fit to get the policy. We found from the records that the Defendant could not prove that the deceased suffered from Maleena and that the fact was that the deceased died due to Cardiac Respiratory failure and not due to Maleena. The Defendant therefore, cannot escape liability. The award for payment of interests is also proper. We therefore see no ground to interfere with the award. The Defendant, however, will pay the interest only from the date of filing of the case in District Forum, i.e. from 12.10.93.