NCDRC

NCDRC

RP/996/2010

S. VASANTHA - Complainant(s)

Versus

LIC OF INDIA & ANR. - Opp.Party(s)

MR. S. GOWTHAMAN

31 Mar 2010

ORDER

Date of Filing: 05 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/996/2010
(Against the Order dated 07/10/2009 in Appeal No. 200/2005 of the State Commission Tamil Nadu)
1. S. VASANTHANo. 40/D-2, MandaveliRenipet - 2Tamil Nadu ...........Appellant(s)

Vs.
1. LIC OF INDIA & ANR.Life Insurance Corporation of India, Southern Zonal Office, Marketing/CS Department LIC of India, Mount RoadChennai - 2Tamil Nadu2. SENIOR DIVISIONAL MANAGER, MADRAS DIVISIONAL OFFICE - IIAnna Nagar Plaza, C-47, 2nd Floor, Avenue, Anna Nagar, P.B. No. 209Chennai - 600040Tamil Nadu ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. S. GOWTHAMAN
For the Respondent :NEMO

Dated : 31 Mar 2010
ORDER

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Delay of 38 days in filing the revision petition is condoned.

Complainant/petitioner’s son had taken policy for Rs.3 Lacs on 15.11.1994.  He died on 01.6.1995 i.e. within one year of taking of the policy.  Petitioner being the nominee lodged a claim with the insurance company which was repudiated on the ground of ‘Suppression of Material Facts’.  Aggrieved by this, petitioner filed the complaint before the District Forum which was allowed.

 

-2-

Respondent being aggrieved filed an appeal before the State Commission which has reversed the order of the District Forum.  

As per the Medical History got recorded by the petitioner in the hospital, the insured was suffering from lever disease from childhood.  This fact was not disclosed by the insured while taking the policy.  The State Commission relying upon the judgment of Supreme Court in “Satwant Kaur Sandhu Vs. New Indsia Assurance Co. Ltd., (2009) 8 SCC 316” held that non-disclosure of serious disease from which the insured was suffering would amount to ‘Suppression of Material Facts’.  We agree with the view taken by the State Commission.  Dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER