BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Wednesday the 03rd day of November , 2010
C.C.No 64/10
Between:
N. Nagamaddamma, W/o. Late N. Krishna,
Resident of H.NO.2-78, Chinna Malkapuram Post, Dhone Taluq, Kurnool District.
…..…Complainant
-Vs-
1. The Branch Manager, LIC of India, Branch Office,
D.No.13/145, Kothapeta, Dhone - 518 222.
2. The Senior Divisional Manager, LIC of India, Divisional Office,
Post Box NO.10, College Road, Kadapa - 516 004.
.…Opposite Parties
This complaint is coming on this day for orders in the presence of Sri. M.Sivaji Rao , Advocate, for complainant, and L. Hari Hara Natha Reddy , Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 64/10
- This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs
- to pay the assured amount on the policy with interest @ 24%
p.a.,
- to pay the compensation of Rs.20,000/- for causing mental
agony and hardships
- to pay the costs of this complaint,
- to order any other relief or reliefs that are deem to be
fit and proper in the circumstances of the case.
(2) The case of the complainant in brief is as follows::- The complainant is the wife of N. Krishna of Chinna Malkapuram Village of Dhone Mandal. The complainant’s husband took LIC policy bearing No. 653636731 for an assured amount of Rs.50,000/- . The date of commencement of the policy is 28-11-2004. The insured paid the premium regularly till 2005. He could not pay the premium due during the year 2006. The policy was revived on 09-07-2007 by paying additional penalty at the time of revival of the policy. The insured was hale and healthy. Subsequently on 12-07-2007 the insured committed suicide by consuming poison due to the pressure of the creditors. After the death of the insured the complainant who is the nominee submitted the claim to OP.No.1. Two years there after the OPs repudiated the claim on the ground that the insured with held material information regarding his health at the time of revival of the policy. Hence the complaint.
3. OP.No.2 filed written version and the same is adopted by OP.No.1. It is stated in the written version of OP.No.2 that the complaint is not maintainable. The insured allowed the policy lapsed due to non payment of yearly premium from 28-11-2006. At the instance of the insured the policy was revived on 09-07-2007 basing on the personal statement of the deceased regarding his health in the personal statement of the insured , he assured that he never suffered from any illness. The deceased was not in good health prior to the date of revival of the policy and he was suffering from chest pain and heart decease. He took treatment in Government Hospital, Kurnool as in patient from 07-06-2007 to 09-06-2007. The deceased suppressed material information about the state of his illness before the date of the revival. The deceased deliberately gave declaration that he was in good health at the time of revival of the policy. As the deceased suppressed the material facts regarding his health condition at the time of the revival of the policy the revival was declared null and void. The insured committed suicide within 3 days after revival of the policy. It shows the molafide intention of the deceased. There is no deficiency of service on the part of the OPs. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A8 are marked and the sworn affidavit of the complainant is filed. On behalf of the opposite parties Ex.B1 to B7 are marked and sworn affidavit of OP.No.2 is filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are
(i) whether there is deficiency of service on the part of the OP ?
(ii) whether the complainant is entitled to the relief as prayed for?
(iv) To what relief?
7. Point No.1 & 2: Admittedly N. Krishna husband of the complainant took LIC policy bearing No. 653636731 for an assured amount of Rs.50,000/- . Ex.B2 is the original policy bond. The complainant is the nominee under the said policy. Admittedly the insured paid the yearly premiums upto 2005. The policy lapsed from 28-11-2006 for non payment of the yearly premium. Admittedly the policy was revive on 09-07-2007 basing on the personal statement of the insured regarding his heath condition. Admittedly the insured died on 12-07-2007 by committing suicide due to the pressure given by his creditors. Ex.A6 is the death certificate of the deceased. The fact that the insured died by committed suicide is not under dispute.
8. It is the case of the OPs that at the time of the revival of the policy the insured suppressed material information about the state of his health and obtained revival of the policy by playing fraud. According to the OPs the insured prior to the date of revival of the policy underwent treatment in Government Genera Hospital, Kurnool for chest pain. To prove the same the OPs filed Ex.B6 case sheet maintained by Government General Hospital, Kurnool. As seen from Ex.B6 it is very clear that Krishna of Chinna Malkapuram (V) took treatment as in patient from 07-06-2007 to 09-06-2007. It is mentioned in Ex.B6 that the patient was suffering from chest pain and it is a old case. The deceased was given treatment in Cardiology Department just one month prior to the date of the revival of the policy on 09-07-2007 . Admittedly the OPs obtained Ex.B3 personal statement of the insured . In Ex.B3 the answers given by the insured for the questions are recorded as noted below
(2) (a) Have you ever suffered from any illness / disease requiring treatment for a week or more .. No.
(b) Did you ever have any operation , accident or injury ? ..No
( c) Did you ever undergo E.C.G., X-Ray , Screening Bllod, Urine or Stool Examination ? .. No
3…..
4. Are you in sound health at present … Yes
9. In Ex.B3 the insured did not mention that he took treatment in Government General Hospital, Kurnol for chest pain from 07-06-2007 to 09-06-2007 . Had the insured revealed that he took treatment for chest pain in Government General Hospital, Kurnool the OPs should have avoided to revive the policy. The insured suppressed the material facts regarding his health condition at the time of the revival of the policy and got the policy revived on 09-07-2007. It is submitted by the learned counsel appearing for the insurance company that the complainant is not entitled to the reliefs as prayed for as insured suppressed the material facts regarding his health condition at the time of the revival of the policy. In support of his contention he relied on a decision reported in I (2009) CPJ 231 (NC). In the said decision it is held that the deceased was guilty of suppression of fatal pre -existing decease , from which he was suffering at the time of getting policy revived. In the present case on hand also the deceased knowingly gave incorrect information in his personal statement at the time of the revival of the policy. The OPs were right in repudiating the claim of the complainant. There was no deficiency of service on the part of the OPs and the complainant is not entitled to the reliefs as prayed for .
11. Point No3: In the result the complaint is dismissed. In the circumstances no costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 03rd day of November, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1. Photo copy of FIR No.208/07 dt.12-07-2007, Dhone P.S. Kurnool District.
Ex.A2. Photo copy of Inquest report.
Ex.A3. Photo copy of post mortem certificate
Ex.A4. Photo copy of forensic Science Lab Report, dt.04-09-2007.
Ex.A5. Andhra Jyothi Telugu Daily News Paper, dt.13-07-2007.
Ex.A6. Photo copy of Death Certificate dt.03-08-2007.
Ex.A7. Repudiation letter dt. 28-07-2009.
Ex.A8. Photo copy of Final Opinion Certificate.
List of exhibits marked for the opposite parties:
Ex.B1. LIC proposal form, dt.29-11-2004.
Ex.B2. Original policy bond bearing No.6536731 of Nallamekala Krishna.(Deceased life assured)
Ex.B3. Personal statement submitted by the deceased life assured
dt. 08-07-2007.
Ex.B4. Ordinary revival quotation dt.09-07-2007.
Ex.B5. Copies of speaking order dt. 28-07-2009.
Ex.B6. Photo copy of case sheet of Krishna Rg.No.21654 Government General Hospital, Kurnool.
Ex.B7. Photo copy of Andhra Jyothi telugu daily news paper cutting, dt.13-07-2007.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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