Order No-36 dt. 08/01/15 Case Record is placed before us for passing final order.
Complainant’s case in short is that her husband Gajendra Nath Paul was a primary school teacher. He took some insurance policies from the O.P. LICI being Policy Nos. 452248335,sum assured Rs. 11,10,000/-, Policy no.454004930, sum assured rs. 1,10,000/-, Policy no.456194954 sum assured Rs.5,00,000/- & Policy no.456439695 sum assured Rs.3,00,000/- choosing the complainant as nominee for the said polices. Her husband Sri. Gajend Nanath Paul died on 03/03/’11 at Anandaloke Hospital & Neoro Science Centre, Siliguri due to pain abdomen associated with vomiting. He had no serious health problem during his life time. The complainant wrote letter to LICI for settlement of her claims after death of her husband and the LICI has settled all her claims excepting Policy No-456439695 and repudiated her claim of Policy no. 456439695 by their letter dt. 19/03/12 on the ground that the insured failed to refer the previous policy number and concealed the actual health condition. The complainant preferred appeal to Z.O,CRC but no fruitful result came out. The complainant asserts that such repudiation by O.P. LICI is arbitrary, illegal and amounts to deficiency of service.
Complainant has prayed for a total sum of Rs.3,50,000/- and interest @10% P.A. And Rs.50,000/- for legal expenses and compensation.
Hence this case.
The O.P. LICI has contested this case by filing a W/V denying and disputing the claims and contentions of the complainant. The specific stated of the O.P. LICI is that, the deceased life assured took policy no. 456439695 by suppressing the material fact that he was suffering from septicemia acute pancreatitis since long before commencement of the said policy and thus he obtained the said policy violating terms & condition of the policy and as such the claim of the complainant was rightly repudiated. Under this back ground the O.P. LICI has prayed for dismissal of this case.
Points for considerations
- Is this case maintainable as framed?
- Is the complainant a consumer?
- Is O.P. LICI guilty for deficiency in service as alleged?
- Is the complainant(Beneficiary) entitled to the reliefs as prayed for?
Decisions with reasons
All points are taken up together for consideration and decision for the sake of convenience.-
Seen and perused the pleadings of the parties and the documents/papers filed by the parties.
Now after due consideration of arguments advanced by the Ld. lawyers of both the parties and the materials on record, we find that admittedly Gajendra Nath Paul, husband of the complainant died on 03/03/2011 and during his life time he took the LICI Policy in question and some other policies from the O.P. LICI. Admittedly the petitioners are the legal hires of late Gajendra Nath Paul. Admittedly the claim of the petitioner against LIC policy no.456439695 had not settled by the O.P. LICI and as Sri. Gajendra Nath Paul took the LIC policy no.456439695 observing the norms and formalities of LICI, so, he was a consumer of LICI. And as the life assured Gajendra Nath Paul died during coverage period of said policy deed living behind him the complainants / petitions as his legal heirs/legal representatives, so the complainants have become the consumers of LICI by operation of law. All the legal heirs/representative of deceased life assured Gajendra Nath Paul have been made parties in this case in the category of complainant during pendency of this case. Besides this matter there is nothing adverse on record against the maintainability of this case on technical ground.
Ld. lawyer for O.P. LICI has referred a decisions of Hon’ble Supreme Court of India reported in (2008)1 WBLR(SC)573, and some decisions of Hon’ble National Commission reported in (2013)1 WBLR(CPNC)340 & IV(2009)CPJ8(SC),11(2013)CPJ257(NC), and (2010)3 WBLR(CPNC)876 in support of the case of O.P. LICI.
No decision has been referred by the side of the complainants against the decissions/case laws referred by the Ld. lawyer for O.P. LICI
Now after careful and meticulous perusal of the pleadings of the parties which are supported by affidavits, the documents / papers filed by both the parties and after going through the decisions refereed to above by the Ld. lawyer for the O.P. LICI, we find that
admittedly the life assured Gajendra Nath Paul who was a primary school teacher(died on 03/03/2011) took (4) four policies from O.P. LICI on various dates and on various sum assured during his life time and that the O.P. LICI has only repudiated the claims of the complainants in respect of LIC policy no.456439695, for sum assured Rs.3,00,000/- for suppression of materials facts and settled rests as those polices were ‘non-medical’. We further find from the materials on record that in the proposal form of LIC policy no.456439695(Annexture-B) in question no.11(a),(b)&(d) the life assured viz Gajendra Nath Paul has answered ’NO’,’NO’,’NO’ and in the point no d(i), he answered ‘good’ on 26/10/2010. The said LIC policy was commenced on and from 28/10/2010. From the death certificate, Death summery and other papers relating to death of Gajendra Nath Paul(Annexure-D Series), we find that Sri. Gajendar Nath Paul was admitted in Anandaloke Hospital & Neuro Sciences Center, Siliguri on 25/02/11 at 9.45 am and he died there on 03/03/11 at 10.10pm and that was suffering from septicemia acute pancreatitis.
In the death summery, in the column of HISTORY OF PRESENT ILLNESS- it is written as, “patient was admitted with H/O pain abdomen associated with vomiting for last 5 days. H/O similar pain and diagnosed as cholelithiasis 8 months ago”.
From Annexure –J we find that Senior Divisional Manager LICI Jalpaiguri Branch has repudiated the claim of the complainant on 31/01/12 on the ground of suppression of material facts in question no.11(a),(b),(d)&(d)i of the proposal form giving them option to refer their claim to Zonal office to reconsider their claim. From complainant’s document serial no.5 we find that the complainant preferred appeal before the Zonal claim review committee of LICI against the order of repudiation of Divisional office LICI dt. 31/01/12 and this time the Zonal claim review committee upholded the repudiation decision of the Divisional office giving them option to prefer appeal before the Insurance Ombudsman 29,N.S.Road(3rd floor)Kolkata-70001. But the complainants had not prefered appeal before Insurance Ombudsman as submitted by the Ld lawyer for the complainant. Form Annexure-D series, it is crystal clear that the life assured viz Gajendra Nath Paul was suffering from ‘Cholelithiasis’ i.e. similar pain abdomen since last 8 month’s ago from the date of his hospitalisation i.e. On 25/02/11. Hospital Death Certificate(Annx. ‘D’ Series) shows that his (Gagendra Nath Paul) cause of death was Cardiac Respiratory Failure in a case of Cholelithiasis @ Septicaemia @Acute Pancreatitis. It clearly suggests that Gajendra Nath Paul was suffering from similar pain diagnosed as. It clearly suggest that Gajendra Nath Paul was suffering from similar pain diagnosed as cholelithiasis since June 2010 but in the proposal form question 11(a),(b),(d) he answered ‘no’ and in question no (d)(i) he answered ‘good’ on 26/10/201.
Such conduct of the life assured tantamounts to suppression of material facts.
In this view of the matter and in view of the observations of Hon’ble Supreme Court of India and the Hon’ble National Commission in the case laws refereed to above by the Ld. lawyer for O.P. LICI we find sufficient reason to hold that the sum assured Gagendra Nath Paul obtained the LIC policy no.456439695 by suppressing material facts, “Material” means and includes all,”important”,”essential” and “relevant” in formation in context of guiding insurer to decide whether to undertake the risk or not as observed by the Hon’ble Supreme Court of India, reported in IV(2009) CPJ 8(SC) and violating terms&conditions of the policy utilizing ‘good faith’ of O.P. LICI and as such the LICI has rightly repudiated the claim of the complainant twice after examining the documents and facts of the case in depth. Therefore the O.P. LICI can not be said to be guilty for deficiency of service as alleged by the complainant.
In this view of the matter the complainants are not entitled to any relief in this case and this case deserves dismissal.
All points are disposed off
In the result the case fails
Hence,it,is,
ORDERED
that the case stands dismissed on contest but in the circumstantly we make no order as to cost.
Let copy of this final order be supplied to the parties free of cost forthwith in terms of Rule.5(10) of West Bengal Consumer Protection Rules 1987.