Complainant/respondent’s husband took a life insurance policy on 17.7.2002 for Rs.50,000/-.  The insured died on 01.2.2005 after a lapse of more than two years of taking of the policy.  The claim filed by the respondent was repudiated by the petitioner on the ground of suppression of facts.  According to the petitioner, the insured was suffering from diabetes.  Complainant filed the complaint before the District Forum.

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          District Forum dismissed the complaint, aggrieved against which the respondent filed the appeal before the State Commission, which has been allowed.  The State Commission relying upon the judgment of Supreme Court in “P. C. Chacko & Anr. Vs. Chairman, Life insurance Corporation of India & Ors., (2008) 1 SCC 321”       held that after a lapse of two years of taking of the policy, the burden shifts on the insurer to prove that the suppression of facts by the insured was fraudulent or deliberate. 

          We agree with the view taken by the State Commission.  Petitioner has not been able to prove by leading any evidence that the insured had withheld the facts fraudulently or deliberately.  The petitioner has also not been able to show that the insured was aware of his illness prior to the taking of the policy.  Dismissed.