| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No. 40/2017 ORDER DATED 21STDAY OF JULY, 2018 | | Sri. Manu.K.D., Aged 38 years, S/o. late K.A. Devaiah, Permanent Resident at Kirgoor Village And Post, VirajpetTaluk, Kodagu District now residing at Basavanahalli Village & Post, KushalnagarHobli, SomwarpetTaluk, Kodagu District. (Sri.K.A. KeerthiRajkumar, Advocate) | -Complainant | V/s | The Manager, LIC of India, Opp.GMP School, Upstairs of Hotel Nisarga, BM Road, Kushalnagar, SomwarpetTaluk, Kodagu District. (Sri. J. Sathish, Advocate) | -Opponent | Nature of complaint | Insurance | Date of filing of complaint | 27/07/2017 | Date of Issue notice | 26/08/2017 | Date of order | 21/07/2018 | Duration of proceeding | 11 months24 days |
SRI. C.V. MARGOOR,PRESIDENT O R D E R - This complaint under Section 12 of the Consumer Protection Act, 1986 filed by Mr. Manu K.D. s/o. late K.A. Devaiah, resident of Kirgoor Village, VirajpetTaluk, now residing at Basavanahalli Village, KushalnagarHobli, SomwarpetTaluk, Kodagu District with a prayer to direct the opponent to pay an amount of Rs.37,500-52 medical expenses and legal notice charges of Rs.200/-.
- The opponent is LIC of India Kushalnagar Branch, SomwarpetTaluk, Kodagu District. The complainant has taken mediclaim policy bearing No.726264392 from the opponent on 10/12/2014 to him and his wife Smt. P.G. Vidya. It is averred in the complaint that at the time of taking policy the complainant including his wife have disclosed their earlier health factors and illness and what they have suffered prior to obtaining the policy. The opponent has assured and undertook the complainant that the entire medical payment after the date of policy will be paid even if they had pre-existing illness or disease. The policy was renewed during the year 2015.
- That on 18/08/2016 the complainant’s wife was hospitalized due to Pemphigus Ueelgaris and discharged on 24/08/2016. The complainant has submitted bills pertaining to the treatment of his wife along with discharge summary but the opponent on 18/11/2016 sent a letter to the complainant stating that he is not entitled to mediclaim since pre-existing illness of his wife has not shown in the proposal form of policy. There after the complainant has got issued legal notice calling upon the opponent to make payment of Rs.37,500/- for the medical treatment of his wife but the opponent failed to make payment. Hence, the complainant has approached this Forum.
- The opponent after the service of notice of the complainant has put in appearance through its learned counsel and filed version admitting that the complainant has obtained JeevanArogya Policy on 10/12/2014 to him and his wife Smt. Vidya. The opponent contention is that it has repudiated the claim of complainant as he has suppressed the material fact i.e., pre-existing illness of his wife as she took treatment forPemphigus Vulgaris at SCS Hospital, Mangalore. The wife of complainant was suffering from said disease since seven years as per the discharge summary of said hospital. The complainant in the proposal form of policy not disclosed pre-existing disease of his wife. Therefore, the opponent has rightly repudiated the claim of complainant. On the amongst other grounds, the opponent prays to dismiss the complaint.
- The complainant filed his affidavit evidence and produced some documents. On the same line one P. Rajesh, Administrative Officer, Legal Department LIC of India, Mysore has filed his affidavit evidence and produced list with four documents.
- The learned counsel for the complainant and opponent have submitted the written arguments in addition to oral submission made by them and the points that would arise for determination are as under;
- Whether the complainant proves that the act of opponent repudiating his claim of medical treatment bills amounts to deficiency of service?
- To what order?
- Our findings on the above points is as under;
- Point No.1:- In the Negative
- Point No.2:- As per final order for the below
R E A S O N S - Point No.1&2 :- The learned counsel for the complainant submitted that the opponent has issued JeevanArogya (without profit) policy bearing No. 726264392 on 10/12/2014 for the complainant and his wife Smt. P.G. Vidya. The complainant at the time of obtaining the policy hasdisclosed the pre-existing illness of him and his wife and the opponent after verifying the pre-existing disease records accepted it and issued policy. The opponent has not disputed issue of JeevanArogya policy in favour of complainant on 10/12/2014 to him and his wife and the same was renewed for the year 2015. It is the contention of opponent that the complainant has suppressed material fact of pre-existing disease of his wife for which she took treatment on 18/08/2016 and she was suffering from said disease since seven years.
- The opponent has not disputed the fact of taking treatment by Smt. P.G. Vidya wife of complainant at SCS Hospital, Mangalore for Pemphigus Vulgaris disease. The wife of complainant was admitted on 18/08/2016 and discharged on 24/08/2016. The complainant has produced discharge summary issued by SCS Hospital Pvt.Ltd., Mangalore along with medical bills. The opponent also produced copy of discharge summary issued by SCS Hospital, Mangalore. In both discharge summary it is recorded the clinical details as history of Pemphigus Vulgaries infection since seven years c/o. multiple wound all over the inframammary and abdominal fold. The discharge summary produced by the complainant and opponent of Smt. P.G. Vidya indicates that for the last seven years she has been suffering from said disease.
- The complainant contention is that at the time of taking JeevanArogya policy he has disclosed pre-existing disease of him and his wife. The opponent has produced the proposal form for health insurance policy filed by complainant on 07/12/2014 wherein column No. 10 pertains to health details and medical information of complainant and his wife. Column No.10(3) reads that during the past five years, has the life to be insured ever suffered from any illness, disorders, disability or injury which has required any form of medical or specialized examination ( including X-Ray, Blood tests, ECG, USG, CT/MRI, Gynaecological investigations), Consultation, hospitalization or Surgery. In front of the said column the complainant and his wife stated that they have no pre-existing illness or suffered from any disease etc. In entire column no.10 the complainant and his wife have written as ‘No’. The complainant has not produced copy of the proposal form submitted to LIC during the year 2014 that he and his wife have disclosed their pre-existing illness. On the contrary the opponent has produced the certified copy of the proposal form of the health details submitted by the complainant wherein it is not disclosed that the complainant or his wife were suffering from any pre-existing illness or disease. Thus the complainant has failed to prove the contention taken in the complaint, affidavit evidence and arguments that at the time taking JeevanArogya policy he has disclosed his and his wife’s pre-existing disease and the opponent after accepting the pre-existing disease has issued JeevanArogya policy.
- The learned counsel for the opponent has brought to the Forum notice the case of LIC of India Ajmer v/s Neelam Sharma the Hon’ble Consumer Disputes Redressal National Commission, New Delhi in Revision Petition No.967/2008 dated 30/09/2014 it is held that if there is clear suppression of material fact with regard to the health of the insured, the LIC of India has right to repudiate claim of insured. In the above case the husband of respondent late Krishnavtar Sharma had taken two life insurance policies from the Revision Petitioner-LIC on 28/08/1998 and 30/03/1999 for Rs.50,000/- each. During the validity period of the said policies on 31/12/1999 the insured i.e. husband of respondent died because of heart attack. Revision petitioner LIC of India has repudiated the claim of the deceasedhusband on the ground that the deceased has suppressed material information regarding his health at the time of taking the life insurance policy in question. As per the medical records two years prior to taking the policies the deceased insured had been suffering from “Amoebic Liver Abscess”. The deceased had been hospitalized in connection with the same on 06/06/1997 to 29/06/1997. After repudiating the claim the wife of deceased has approached the District Forum and it has allowed the complaint and directed the LIC of India to pay the insurance amount with interest. The State Commission, Rajasthan upholding the order passed by the District Forum reduced the rate of interest to 9% from 12%. LIC of India has challenged the order passed by the District Forum and State Commission before the National Commission. The National Commission allowed the revision petition by setting aside the orders of the Fora below holding that the complainant is not entitled to claim since the deceased insured has suppressed the material fact of pre-existing illness at the time of taking policy. Further on the same point the opponent has relied upon the case of SunitaGoyal V/s Bajaj Allianz Life Insurance Company Limited decided on 07/09/2017 by the National Consumer Disputes Redressal Commission, New Delhi in First Appeal No.545/2015 the Hon’ble National Commission relied upon the decision of Hon’ble Supreme Court Mithoolal Nayak v/s Life Insurance Corporation of India [AIR 1962 SC 814, Life Insurance Corporation of India and others v/s Asha Goel and another [(2001)2 SCC 160], Satwant Kaur Sandhu v/s New India Assurance Co.Ltd. [(2009) 8 SCC 316] and United India Insurance Company Ltd. v/s M.K.J Corporation [(1996) 6 SCC 428]. The National Commission relying upon the settled legal proposition of the Supreme Court held that a contract of insurance is a contract of good faith “Uberrima Fides” that suppression of material fact i.e. pre-existing disease by the insured is not entitled to any claim from the insurer.
- In the case on hand also the complainant though stated in the complaint that at the time of taking policy for him and his wife has disclosed the pre-existing disease of his wife but failed to produce any material before this Forum. Per contra the opponent has produced the certified copy of proposal form filled up by the complainant on 07/12/2014 wherein he has not disclosed any pre-existing disease of him and his wife. The discharge summary of SCS Hospital Pvt. Ltd. Mangalore dated 24/08/2016 indicates that the complainant’s wife has been suffering from same disease since seven years. The complainant has not disputed the contents of discharge summary of SCS Hospital Pvt. Ltd., Mangalore. In view of suppression of pre-existing disease in the proposal form of JeevanArogya Policy the opponent has rightly repudiated the claim of complainant. We do not find any illegality in refusing the claim of complainant as a result, the complaint is liable to be dismissed. Accordingly, we proceed to pass the following;
O R D E R - The complaint filed by Mr.Manu.K.D fails hence, it is dismissed.
- Both parties are directed to bear their own cost.
- Furnish copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 21stday of JULY, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |