Per Mr S R Khanzode, Hon’ble Presiding Judicial Member
Adv. Mrs A Rohilla for appellant and Adv. Mr Galgalikar for the respondent, are present.
Admit and heard forthwith with the consent of both the parties.
1. This appeal takes an exception to an order dtd.12.09.2007 passed in Consumer Complaint No. CC/07/145, Ranjana Wd/o Anilrao Dhandole & Ors. Vs. LIC of India, by District Consumer Forum, Yavatmal (the Forum in short).
2. This is a case of deficiency in service on the part of appellant / o.p. – Life Insurance Company of India (hereinafter referred to as ‘LIC’), on the ground of suppression of material fact at the time of taking policy regarding previous illness of Late Anil Dhandole.
3. After the death of insured – Anil, insurance claim was made by his legal heirs - the original complainant, and feeling aggrieved by the repudiation of insurance claim by the LIC, the consumer complaint was filed.
4. While allowing the complaint, the Forum directed the LIC to pay insurance amount along with 9% interest, compensation & cost. Aggrieved thereby, the LIC preferred this appeal.
5. Heard.
6. The only point pressed before us is about the repudiation of insurance claim on the ground of breach of policy condition in as much as suppressing the material fact i.e. his previous illness at the time of taking the policy by the insured - Anil.
7. Complainant already led an evidence to the effect that the insured was not aware of the Cancer which he suffered at the later period after the policy was taken. At the time of taking the policy, the insured was fully examined by the Panel doctor of LIC. This piece of evidence goes un-rebutted and there is no reason to disbelieve the same. The LIC also failed to justify its repudiation of the insurance claim.
8. Therefore, we find that the Forum rightly held accordingly and there is no reason to interfere with it. Hence, holding accordingly, we find the appeal devoid of any substance and pass the following order:-
ORDER
1. Appeal stands dismissed.
2. No order as to cost.
3. Copy of the order be supplied to the parties.
Pronounced on 27.07.2011.
