Dtd.29.05.2023                                    A/871/2023

O R D E R

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 2019 by OP.1 to 3/Appellants aggrieved by the order dtd.23.03.2023 passed in CC/162/2021 on the file of Hassan District Commission.  
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Accordingly found satisfied to dispense with issuance of appeal notice.
3. It is not in dispute that husband of the Complainant during his life time had obtained insurance policy by paying prescribed premium in the year 2019. During subsistence of policy he died on 27.02.2021. The Complainant being nominee of the policy made death claim before the OP. It is the contention of the learned counsel for Appellant that after receiving death claim, they have investigated the matter and found that the life assured was suffering from cancer and was taken treatment prior to sign the proposal form and to that affect filed copies of Ex-R5/outpatient record and Ex-R6/biopsy report of the deceased life assured. Accordingly claim is repudiated and the same stand taken before the Commission below while contesting the matter by producing Ex-R5 & R6. In this regard, we observed that, at para 12 of the impugned order, Commission below held as, xerox copies of the medical records cannot be relied on as they are secondary evidence/not authenticated documents. Further held as OPs neither examined the doctor nor officials from the hospital where the medical records obtained from and proceeded to allow the complaint. In our view, these findings are not justifiable since Complainant nowhere in the complaint proceedings disputed the said documents. So far as examination of the doctor is concerned, we do not find it necessary since the said photocopies of the medical records are brought on record. If the Complainant is disputing the said medical records, then the person could have been called for cross-examination by her, but no such exercise was done by her.  With such observation, we find that District Commission has committed an error in not considering the treatment papers/medical records, and in brushing aside the medical history and in taking them lightly for the simple reason that they are not authenticated documents even though said document remain undisputed. Accordingly we proceed to allow the appeal and set aside the order of the Commission below remanding the matter to the Commission below with a direction to afford opportunity to the parties to the complaint to adduce evidence if any and decide the matter as observed as early as possible not later than three months from the date of receipt of this order.    
4. The amount in deposit is directed to be transferred to the District Commission for needful. 
5. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

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