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Life insurance

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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

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

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