Jharkhand

StateCommission

FA/205/2011

Mrs. Subida Devi - Complainant(s)

Versus

The Manager, Birla Sun Life Insurance Company Limited - Opp.Party(s)

M/s P.K. Pathak & S.K. Singh

12 Jan 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. FA/205/2011
(Arisen out of Order Dated in Case No. of District )
 
1. Mrs. Subida Devi
Village- Kolebira, P.O. & P.S.- Kolebira, District- Simdega (Jharkhand)
...........Appellant(s)
Versus
1. The Manager, Birla Sun Life Insurance Company Limited
India Fulls Centre, Tower-1, 15th & 16th Floor, Jupiter Mill Compound, 841 Senapati Bapat Marg, Elphinstone Road, Mumbai-400013
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 
For the Appellant:
For the Respondent:
ORDER

12-01-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

Inspite of fixing this case, for ex-parte hearing, no body appears for the parties.

2.       Perused the records carefully.

The Complainant/Appellant filed this Complaint Case claiming the insured amount i.e. Rs. 11,15,000/- with interest @ 10% per annum on account of death  of her son (insured)  and also  Rs. 15,000/- as compensation for harassment and mental agony.

3.       It appears that an Insurance Policy of Rs. 11,00,000/- for 15 years was taken by the insured- deceased- Sujit Kumar, son of the complainant on 28.1.2009.

4.       After the death of Sujit Kumar on 17.7.2010, the insurance claim was made, but it was repudiated on the ground of deliberate suppression of materials facts by the insured-deceased.

5.       The learned District Forum interalia held that Ext. G, which a case summary of Sujit Kumar of Mahabir Cancer Sansthan, Patna showed that he consulted the hospital on 26.12.2008 and then on 12.1.2009 and was found suffering from malignant tumor and he was advised Chemotherapy, but this material fact was suppressed at the time of taking the Insurance Policy after about 16 days i.e. on 28.1.2009.

6.       The learned District Forum has also held that the complainant also suppressed the material fact while making the insurance claim, in as much as she said that Sujit Kumar died due to natural death, whereas the documents brought on the record by the Insurance Company showed that he did not die natural death.

7.       The learned District Forum has considered the respective cases of the parties and the materials brought on record by them, correctly and has recorded the said findings correctly.

8.       In our opinion no grounds are made out for interfering with the said findings. Accordingly this appeal is dismissed.

 

Issue free copy of this order to all concerned for information and needful.

 

           Ranchi,

           Dated:-12-01-2015

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER

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