State Consumer Disputes Redressal Commission
Smt.Shashikala Vijaykumar Bohra vs Life Insurance Corporation Of India on 29 June, 2009
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.1451 OF 2008 Date of filing: 19/11/2008 IN CONSUMER COMPLAINT NO.201/2008 Date of order : 29/06/2009 DISTRICT CONSUMER FORUM, SANGLI Smt.Shashikala Vijaykumar Bohra R/o.Tasgaon, Taluka Tasgaon District Sangli ..Appellant/org.complainant v/s. Life Insurance Corporation of India Satara D.O. Jeevantara 513, Sadar bazaar Ganpatdas Devipath Satara 415 001 Respondent/org.O.P. Corum: Shri S.R.Khanzode, Honble Presiding Judicial Member
Smt.S.P.Lale, Honble Member Present : Ms.S.S.Khare-Advocate for the appellant.
Mr.A.S.Vidyarthi-Advocate for the respondent.
O R A L O R D E R Per Shri S.R.Khanzode, Honble Presiding Judicial Member
1. This appeal arises out of order/award dated 18/10/2008 passed in consumer complaint no.201/2008 Smt.Shashikala Vijaykumar Bohra v/s. Life Insurance Corporation of India passed by District Consumer Forum, Sangli. Admittedly husband of appellant/org.complainant Shashikala, namely, Vijaykumar Bohra had taken Life insurance policy for Rs.10,25,000/- on 28/3/2005. Thereafter he died on 08/4/2007. Primary cause of death was CRF (chronic renal failure), while secondary cause of death is mentioned as Diabetes. Thereafter, insurance claim was made under the policy. Respondent/org.O.P. repudiated the claim saying that while taking the policy, policy holder did not disclose his alignment of diabetes and thus, committed breach of utmost good faith. Not satisfied with such repudiation, the consumer complaint is filed, which stood dismissed by impugned order/award and feeling aggrieved thereby, this appeal preferred by original complainant.
2. Heard Ms.S.S.Khare-Advocate for the appellant. Mr.A.S.Vidyarthi-Advocate for the respondent. Perused the record.
3. Respondent/org.O.P. in support of their contentions, relied upon the proposal form, the information disclosed by the policy holder, deceased Vijaykumar Bohra, and also relied upon the statement as well as affidavit of Dr.Rahul Gandhi who treated the deceased Vijaykumar Bohra in his last illness and also in the previous illness. It is revealed from the affidavit of Dr.Gandhi that when he examined the deceased Vijaykumar Bohra for the first time on 2/11/2005, deceased Vijaykumar Bohra himself had told him that he was suffering from diabetes since from the year 1987. His such evidence finds corroboration from the case history recorded at that time. Under the circumstances, the case of the complainant that some few years prior to his death and after taking the policy it was known to them that deceased Vijaykumar Bohra was suffering from diabetes, cannot be accepted. At the time of taking the policy, the deceased had willfully concealed the information as to pre- alignment of diabetes and which ultimately is his cause of death. It is argued on behalf of the appellant that while issuing the policy, deceased was examined by panel doctors. However this will not absolve the deceased from making disclosure which he ought to have made about his pre alignment of diabetes. There is a clear breach of utmost good faith by the deceased while taking the policy. Under the circumstances, the repudiation cannot be faulted with. We find no reason to disturb finding of the Forum below. Hence, the order:-
ORDER
1.
Appeal stands dismissed. However in the given circumstances there is no order as to costs.
2. Copies of the order be furnished to the parties.
(S.P.Lale) (S.R.Khanzode) Member Presiding Judicial Member Ms.