NCDRC

NCDRC

RP/1806/2023

SBI LIFE INSURANCE CO. LTD, - Complainant(s)

Versus

SMT. PITHANI ESWARI, W/O TRINADHARAO, - Opp.Party(s)

MR. KAPIL CHAWLA

01 Sep 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1806 OF 2023
(Against the Order dated 16/06/2023 in Appeal No. A/112/2022 of the State Commission Andhra Pradesh)
1. SBI LIFE INSURANCE CO. LTD,
CENTRAL PROCESSING CENTRE, IH LEVEL D WING AND 8TH LEVEL, SEAWOODS GRAND CENTRAL, TOWER 2, PLOT NO. RL, SECTOR -40, SEAWOODS NERUL NODE, NAVI MWNBAI
MUMBAI
MAHARASHTRA
...........Petitioner(s)
Versus 
1. SMT. PITHANI ESWARI, W/O TRINADHARAO,
11-4-5/33, MOHAN NAGAR, PITHAPURAM
EAST GODAVARI
ANDHRA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE SUDIP AHLUWALIA,PRESIDING MEMBER

FOR THE PETITIONER :
MR. KAPIL CHAWLA, ADVOCATE

Dated : 01 September 2023
ORDER

1.      Heard Ld. Counsel for the petitioner.

2.      The Impugned Order passed by the Ld. State Consumer Disputes Redressal Commission at Vijayawada in FA/112/2022 has been challenged by the petitioner Insurance Company.

3.      The aforesaid Appeal filed by the petitioner was effectively dismissed after the Ld. State Commission had upheld the order of the District Forum Kakinada, which had directed the Insurance Company to pay Insured amount of Rs.5,00,000/- to the complainant/widow of the deceased Policy Holder Pithani Trinadh, who died in the year 2015.

4.      The insurance claim was denied as according to the petitioner, the Policy Holder had supressed his medical condition and had made a false declaration on his state of health as being good, although he was alleged to be suffering from cancer. Documents tendered in this regard were not relied upon by the Lower Fora.

5.      Perusal of those documents including the hospital records do not reveal any other particulars of the concerned patient except the name “Mr. Trinadh.”

6.      The Lower Fora, therefore, did not accept these documents as there was nothing to indicate that the said patient was the same person as the Original Policy Holder,  since neither the address nor even the father’s name of the patient had transpired anywhere in the documents. In any case, the documents filed was unauthenticated and not attested by the concerned Medical Establishment.

7.      The Investigator’s report was also filed in a causal fashion without Affidavit of the concerned Investigator.

8.      Some pages of the investigation were found to be altogether blank which are available at pages 107, 109 & 110 of the paper book.

9.      This Commission, therefore, finds no grounds to interfere with the well-reasoned decision of the Ld. State Commission.

10.    Dismissed.

 
......................................J
SUDIP AHLUWALIA
PRESIDING MEMBER

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