State Consumer Disputes Redressal Commission
L I C vs Ram Das Jatav on 28 April, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/1999/395 (Arisen out of Order Dated in Case No. of District State Commission) 1. L I C A ...........Appellant(s) Versus 1. Ram Das Jatav A ...........Respondent(s) BEFORE: HON'BLE MR. Alok Kumar Bose PRESIDING MEMBER HON'BLE MR. Sanjay Kumar MEMBER For the Appellant: For the Respondent: ORDER RESERVED State Consumer Disputes Redressal Commission U.P., Lucknow. Appeal No.395 of 1999 1- Life Insurance Corporation of India, Branch Office: Puvaya, District: Shahjahanpur, Through Branch Manager. 2- Life Insurance Corporation of India, Divisional Office: 35-D, Rampur Bagh, Bareilly through Divisional Manager. ....Appellants. Versus Ram Das Jatav s/o Sri Thakur Das Jatav, R/o Village: Vikrampur, Post: Muria Kurmiyat, Tehsil: Puvaya, District: Shahjahanpur. ...Respondent. Appeal No.357 of 1999 Ram Das Jatav s/o Sri Thakur Das Jatav, R/o Village: Vikrampur, Post: Muria Kurmiyat, Tehsil: Puvaya, District: Shahjahanpur. ....Appellant. Versus 1- Life Insurance Corporation of India, Branch Office: Puvaya, District: Shahjahanpur, 2- Life Insurance Corporation of India, Divisional Office: 35-D, Rampur Bagh, Bareilly through Divisional Manager. ...Respondents. Present:- 1- Hon'ble Sri A.K. Bose, Presiding Member. 2- Hon'ble Sri Sanjai Kumar, Member. Sri R.K. Gupta for the complainant Sri Ram Das Jatav. Sri V.S. Bisaria for the LIC. Date 28.5.2015 JUDGMENT
Sri A.K. Bose, Member- Appeal No.395 of 1999, Life Insurance Corporation of India Vs. Ram Das Jatav and (2) Appeal No.357 of 1999, Ram Das Jatav Vs. Life Insurance Corporation of India are cross appeals and have arisen out of the judgment and order dated 16.1.1999 in complaint case no.314 of 1997 passed by the Ld. DCDRF, Shahjahanpur. The appeal filed by the LIC is for setting aside the impugned judgment and order; whereas its cross appeal No.357 of 1999 is for enhancement of the decretal amount. Since both the appeals are supplementary and complimentary to each other, therefore, both the appeals were taken up together for hearing and are being disposed of by this common judgment.
From perusal of the records, it transpires that the life insured Om Prakash Jatav obtained one life insurance policy bearing no.220663347 for a sum assured of Rs.50,000.00 on 28.9.1993. He expired on 11.11.1993, as a result of dog bite. Consequently, his brother Ram Das Jatav (complainant) filed claim before the LIC for payment of the sum assured. However, the claim was repudiated on ground of concealment of material fact relating to the status of the health of the insured. This LIC took the pleas that dog bite had taken place in the month of May, 1993, whereas the policy was obtained on 28.9.1993 and the death took place on 11.11.1993. The Forum below on the basis of facts, circumstances and evidence on record observed that the LIC, in order to escape liability of payment, manufactured unreliable and untenable documents and, therefore, it ordered the LIC to pay to the complainant the amount insured under the policy with all consequential benefits. Admittedly, there is (3) no medical report that the death had actually occurred due to Hydrophobia/dog bite. No medical report or diagnostic report or even prescription relating to line of treatment has been filed. The LIC admits that they have no report even regarding the exact date of dog bite and the medicines taken by the deceased in connection with the same. It took the defense on the basis of certain oral evidence that the incident of dog-bite had taken place in the month of May, 1993. The symptoms of Hydrophobia surfaces normally within 14 days. There is no evidence in support of such phobia. The insured had given all answers to the Corporation at the time of proposal and the appellant LIC has failed to specify as to which answer was given by way of concealment. The claim was repudiated without any cogent reason or reliable documentary/medical evidence, purely on the basis of certain oral statements given by illiterate persons. Repudiation is a very serious matter and it should not have been done on the whims. There is no irregularity or illegality in the order passed by the Forum below and, therefore, we are not inclined to interfere in it. Consequently, the appeal filed by the LIC deserves to be dismissed.
As far as, the question of enhancement of the decretal amount is concerned, we have given due consideration on all the facts and circumstances. The Forum below considered all evidence on record before passing the impugned judgment. No case of enhancement or interference in the order is made out. Hence, this appeal is also liable to be dismissed.
(4)ORDER The Appeal No.395 of 1999, Life Insurance Corporation of India Vs. Ram Das Jatav and Appeal No.357 of 1999, Ram Das Jatav Vs. Life Insurance Corporation of India are dismissed and the judgment and order dated 16.1.1999 passed by the Ld. DCDRF, Shahjahanpur in complaint case No.314 of 1997 is hereby confirmed. No order as to costs. Copy of this order be provided to the parties as per rules.
The original judgment be kept in the Appeal No. 395 of 1999, Life Insurance Corporation of India Vs. Ram Das Jatav and a copy of the same be kept in the record of Appeal No.357 of 1999.
(A.K. Bose) (Sanjai Kumar) Presiding Member Member Jafri PA II Court No.4 [HON'BLE MR. Alok Kumar Bose] PRESIDING MEMBER [HON'BLE MR. Sanjay Kumar] MEMBER