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life insurance corporation of india

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WRIT- CONSUMER COMMISSION- SEC. 46,47 OF INSURANCE OF ACT – WHO HAS TO FILE A CIVIL SUIT IN CIVIL COURT = WHEN CONSUMER COMMISSION REFUSED TO DECIDED AN INSURANCE CLAIM = National Consumer Reddressal Commission, New Delhi, wherein it has opined that all the cases require recording of voluminous evidence and that realising this difficulty, the learned counsel representing the appellants/revision petitioners sought liberty to approach the civil Court for the purpose of recovering the claim amounts. Accordingly, liberty was given to them to approach the civil Court. ; who among the parties must approach the civil Court. under sec.47 of INSURANCE ACT= the occasion for the insurer to approach the civil Court under Section 47 of the Act would arise when there is no dispute as to the payment of the insured amount but the dispute as to the persons to whom the amount has to be paid or if there is insufficiency of proof of title to the amount secured or any other adequate reason which render it impossible for the insurer to obtain a satisfactory discharge for the payment of such amount. It is not the pleaded case of either party that the insurer is willing to discharge the insured amount but on account of any one or more of the above noted reasons contained under Section 47 of the Act, the insurer is unable to secure discharge. As noted herein before, all the insurance companies have resisted the claims of the petitioners before all the fora on the ground that there are serious suspicious circumstances rendering the very claims of the nominees of the insured, doubtful. Therefore, on a careful consideration of the facts of the cases on hand, I have no doubt in my mind that Section 47 of the Act has no application to the present cases and there is no obligation cast on the insurance companies to approach the civil Court. As rightly undertaken by the petitioners before the National Consumer Reddressal Commission, it is they who need to approach the civil Court by way of regular civil suits if they intend to claim the insured amounts as the purported nominees of the policyholders. For the above-mentioned reasons, I do not find any merit in these writ petitions and the same are accordingly dismissed.

PUBLISHED IN http://judis.nic.in/judis_andhra/filename=9852     THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY   Writ Petition No. 30752 of 2012 and Batch   02-04-2013   Khalida Begum and another   The Life Insurance Corporation Ltd., Division Office at Opposite Secretariat, Saifabad, Hyderabad Rep.by its Divisional Manager Claims and another.   Counsel for the petitioners: Sri M.A.Barifor Md.Ajmal Ahmed … Continue reading

Not granted – in her application of 18.06.2001to the LIC, the complainant had categorically stated that her husband had committed suicide by drowning on 04.05.2001. In the inquest memorandum drawn up by the Police on the same day after recovery of the dead body, it was also stated that it appeared to be a case of suicide. In the form of requisition for autopsy of the body of the deceased, a similar remark was made. However, for the first time on 16.07.2001, the petitioner/complainant made a belated statement in her letter addressed to the LIC that her husband had died of accident and it was not a case of suicide.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   NEW DELHI REVISION PETITION NO. 636 OF 2007 (From the order dated 21.11.2006 of Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal in First Appeal No.2252/2004)   Smt. Kamalesh Bansal W/o Late Dinesh Chand Bansal                                             Petitioner R/o Donaoli, Lashkar, Gwalior   versus   1. Senior Zonal Manager Life Insurance Corporation … Continue reading

Since the life assured died within a period of three months five days from the date of revival/commencement of the policy it was treated as a case of an early death claim and hence investigation was carried out by the OPs as provided under Section 45 of the Insurance Act, 1938. During the course of investigation, OPs obtained the Medical Record, own Identity Book of the life assured from his employer and from these documents, they came to know that the life assured was an old patient of pulmonary T.B., but he had suppressed this material fact/information in the proposal forms of all four policies and answered the questions in paragraphs11(a) to (h) of the proposal forms in negative and in para 11(i) stated ‘Good’ about his usual state of health

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION                                  NEW DELHI REVISION PETITION NO.  2048  OF 2009. Along with            Application for Condonation of Delay (From the order dated 03.12.2008   in Appeal No.  406 of 2005 of the   State Consumer Disputes Redressal  Commission, Jharkhand)   Smt. Kamoda Devi W/o Late Muni Dom, Quarter No. 152/E, Bhawnathpur Township, P.O. + P.S. Bhawnathpur, District Garhwa, Ranchi, Jharkhand.                                                     ….Petitioner. … Continue reading

supression of material fact of heart problem while reviving the policy, not entitled for assured sum on the death of policy holder=The complainant was the son and nominee of the life assured (Sarbati Devi) who had obtained a life insurance policy from the respondent for the sum of Rs.48,000/-. This policy lapsed because of non-payment of half-yearly premiums due on 28.09.1999 and thereafter. However, it was revived for the full assured amount on 04.12.2000 after necessary payment and on the basis of personal declaration dated 04.12.2000 of the life assured. The said life assured, however, died of heart attack on 09.12.2000, i.e., within one week of revival of the insurance policy. The LIC repudiated the insurance claim by its letter dated 08.06.2002 on the ground that at the time of revival of the policy,Sarbati Devi withheld material information regarding the status of her health.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2749 OF 2006 (From the order dated 20.07.2006 of the Haryana State Consumer Disputes Redressal Commission, Panchkula in Appeal no. 246 of 2004) Lal Chand, son of Shri Birbal Resident of village Kutipur P.O. Bhood Kalan, Khizerabad East                         Petitioner Tehsil Chhachhrauli                                              District Yamuna Nagar, Haryana versus Life Insurance Corporation of India Through its Manager (L & HPF)                              Respondent Divisional Office, Chandigarh                                 … Continue reading

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION=there is adequate credible evidence on record that the Respondent’s husband was suffering from tuberculosis and that he had suppressed this material fact. This has been established by the medical certificate of the District Tuberculosis Officer which we note, was supplied by the Respondent herself to the Petitioner/Insurance Company. Further, it is also on record and not disputed that the insuree had taken medical leave for long periods for his treatment of tuberculosis. Since, an insurance is a contract entered between the parties in “utmost good faith”, suppression of any material facts by the insuree(as was done in this case), entitled the Petitioner/Insurance Company to repudiate the claim as per the terms and conditions of the policy.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI   REVISION PETITION NO. 3050 of 2007 (Against order dated 07.05.2007 in Appeal No.295/2006 of the State Commission, H.P.) LIC of India & Ors.                                                        ……..Petitioners   Vs. Smt.Shakuntala Devi & Anr.                                       …….. Respondents  BEFORE:              HON’BLE MR. JUSTICE ASHOK BHAN, PRESIDENT           HON’BLE MRS. VINEETA RAI, MEMBER For the Petitioners                 :        Mr. Ashok Kashyap, Advocate For the Respondents             :        NEMO. Pronounced on 15th  November, 2011 … Continue reading

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