KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIURVANANTHAPURAM

FIRST APPEAL 52/2010

JUDGMENT DATED: 11.2.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                             : MEMBER

1. LIC Office, Mundakkayam Branch,              : APPELLANTS

    Rep. by its Manager.

2. The Senior Divisional Manager,              

    LIC of India, Divisional Office,

    Jeevan Prakash, P.B.No.609,

    Nagampadom, Kottayam.

3. The Zonal Manager,

     LIC of India, Zonal Office,

     Anna Road, P.B.No.2450,

     LIC Building, Chennai.

 (By Adv.G.S.Kalkura)

                   vs.

Usha Susheelan,                                          : RESPONDENT 

Chalumkal House,

Erumely.P.O.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

            The appellant is the opposite party/LIC of India in CC.318/08 in the file of CDRF, Kottayam.  The appellant is under orders to pay a sum of Rs.50000/- the sum assured with interest at 9% from the date of repudiation and also Rs.2000/- towards cost.

          2. The case of the petitioner who is the widow  is that her husband had availed a policy with the opposite party for a sum of Rs.50,000/-.  He met with a road traffic accident on 7.9.2006 and succumbed to the injuries on 9.9.2006.  The claim was repudiated on the ground that he suppressed material information as to his health.

          3. In the version filed it is admitted that he died in a motor vehicle accident.  The claim was repudiated as the assured suppressed material facts regarding his health at the time of making the proposed.  It is contended that the diseased was suffering from diabetes since three years. The proposal is dated 24.12.04.

          4. The evidence adduced consisted of proof affidavits of the respective sides; Exts.A1 to A11 and B1 to B4.

          5. As noted by the Forum we find that the opposite parties/appellants have not adduced any evidence to establish the case that the diseased suppressed material information regarding his illness.  The fact he died due to head injury sustained in a traffic accident is not disputed. The policy was taken on 28.12.2004 and he died on 9.6.06. In the circumstances and in the light of absence of evidence to establish the case of material suppression  we find the order of the Forum does not call for  interference.

          6.We find that there is no scope for admitting the appeal.  The appeal is dismissed in limine.

          Office is directed to forward a copy of this order to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU                        : PRESIDENT

SRI.M.K.ABDULLA SONA                              : MEMBER

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