State Consumer Disputes Redressal Commission
Rohini Devi vs The Divisional Manager, Life Insurance ... on 8 April, 2015
Daily Order JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI FINAL ORDER First Appeal No. FA/258/2011 (Arisen out of Order Dated in Case No. of District ) 1. Rohini Devi At & P.O.- Banaso Police Station- Bishungar, District- Hazaribagh ...........Appellant(s) Versus 1. The Divisional Manager, Life insurance Corporation Of India Divisional Office, Hazaribagh ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT HON'BLE MRS. Sumedha Tripathi MEMBER For the Appellant: For the Respondent: Md. Sachin Kumar, Advocate ORDER
08-04-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.
In spite of fixing this case for ex parte hearing, nobody appears on behalf of the complainant/ appellant.
2. Heard Mr. Sachin Kumar, learned counsel appearing on behalf of the O.P./ respondent- (Insurance Company for short), on the prayer of the appellant for condoning the delay of about 154 days in filing this appeal and also on merits.
In view of the statements made in para 4 of the limitation petition, and in the interest of justice, the delay is condoned
3. The complainant/ respondent filed the present complaint claiming death benefit under Insurance Policy of the insured- late Guni Yadav, husband of the complainant.
4. The complainant's case in short was that after taking the Insurance Policy, the insured went to Mumbai for earning his livelihood, where he consumed Alcoholic drink with his relatives, due to which he died on 10.2.2004. As per the postmortem report, the death was due to consumption of excessive liquor. She made an insurance claim but it was repudiated by the Insurance Company on the ground of suppression of material facts.
5. Mr. Sachin Kumar referred Column 11(h) of the proposal form which reads - 'Do you use or have you ever used? Alcoholic Drink .....' to which the insured replied "No". He further submitted that the, policy was issued on 18th August 2003 and within six months, the insured died. The cause of death was mentioned as "Acute Alcoholic intoxication (unnatural)," in the Medical Attendant's Certificate. He also relied on the judgement reported in I (2011) CPJ 231 (NC) HDFC Standard Life Insurance Co. Ltd. -vs- Jay Laxmi.
6. After carefully going through the records, we find that the learned District Forum has rightly dismissed the Complaint Case. Even according to the Complainant, the insured died due to consumption of excessive liquor. It is not her case that the insured was not in the habit of consuming liquor at the time of furnishing the proposal form. In the facts and circumstances, we find no merit in this appeal.
7. However, in view of the plight of the complainant who is a young widow, the appellant is directed to return the insurance premium to her within 45 days of this order.
With these observations and directions, this appeal is dismissed.
Issue free copy of this order to all concerned for information and needful.
Ranchi, Dated:-8-04-2015 [HON'BLE MR. JUSTICE R.K. Merathia] PRESIDENT [HON'BLE MRS. Sumedha Tripathi] MEMBER