advocatemmmohan
life insurance corporation
repudiated the death claim of late Sanjay Sharma, illegally on the ground that deceased was suffering from diabetes and was a chronic alcoholic for the last 10-20 years and he did not disclose these facts at the time of taking the policies.-Admittedly policy no.131706510 was for Marriage/ EducationalAnnuity etc. and it was accepted on 15.07.2003. The deceased life assured Sh. Sanjay Sharma developed pain in the stomach and was admitted in DMC & Hospital, Ludhiana on 24.03.2005 – cause of death given was acute severe pancreatitis and shock. He was diagnosed as acute pancreatitis K/L/O of DMX 2 to 3 years, history of alcohol intake 10 to 20 years. The onus was on the appellant to prove that the decease life assured was suffering from such diseases prior to taking of the policy in question. As per settled law, the onus to prove that insured was suffering from pre-existing disease is on the petitioner. Petitioner has admittedly not examined any doctor to prove this fact that insured was suffering from any pre-existing disease at the time of taking the policy.
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2615 OF 2011 with I.A. NO.01 OF 2012 (Application for Stay) I.A. NO.02 OF 2012 (Application for Condonation of Delay) (From the order dated 31.3.2011 in Appeal No.537 of 2008 of the State Commission, Punjab, Chandigarh) Life Insurance Corporation of India (A Body Corporate Constituted under the Life Insurance Corporation Act) H-39, Connaught Place, New … 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
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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