Complainant/respondent’s husband took a life insurance policy for Rs.2 Lac from the respondent on 24.03.2007.  He died on 31.08.2007, i.e. within four months of taking the policy.  Claim filed by the petitioner/complainant – insured’s wife – being the nominee was repudiated by the respondent on the ground that the deceased had suppressed material facts regarding state of his health while filling in the proposal form.  Being aggrieved, petitioner filed the complaint before the District Forum.

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             District Forum allowed the complaint and directed the respondent to pay the insured sum with all benefits to the complainant with interest @ 9% p.a. after three months of the death of the complainant’s husband till actual payment.  Rs.3,300/- were awarded by way of costs.

             Respondent being aggrieved field the appeal before the State Commission which has been accepted.  Order of the District Forum has been set aside and the complaint ordered to be dismissed.

             The State Commission in its order has observed as under:

                   “The disease that leads to death is immaterial for the purpose of non-disclosure of the disease.  It is not necessary that the disease existing prior to the proposal must be the cause of death.  From the perusal of certificate issued by Dr. Alok Nath Senior Resident, PGI Chandigarh it is clearly established on the record that the life assured was suffering from chronic obstructive airways disease i.e. cancer for the last 10 years and was also know case of shortness of breathlessness but life assured did not disclose these facts while making the proposal statement wherein life assured had given undertaking that any information which was found to be untrue as disclosed by him, the Life Assured will not be entitled for any claim.  Thus by giving false answers to the above questions in the proposal from the Life Assured has violated the terms and conditions of the insurance policy,

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             therefore, complainant is not entitled for any insurable benefits.

             We agree with the view taken by the State Commission that the insured had died within four months of taking of the policy.  As per Certificate issued by Dr. Alok Nath, the insured was suffering from cancer for the last many years which fact was withheld by the insured while filling in the proposal form.  No ground for interference is made out.  Dismissed.