State Consumer Disputes Redressal Commission
Smt. Santosh Kanwar W/O Lat Yogendra ... vs Life Insurance Corporation on 8 November, 2017
Daily Order BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1 FIRST APPEAL NO: 606/2017 Santosh Kanwar w/o Late Sh.Yogendra Singh Rajput r/o village Garh Dubbi Post mudgasia Tehsil Baswa Distt. Dausa. Vs. Life Insurance Corporation of India through Regional Manager, Jeevan Prakash, Bhawani Singh Road, Jaipur & ors. Date of Order 8.11.2017 Before: Hon'ble Mrs. Justice Nisha Gupta- President Mr. Narendra Mohan counsel for the appellant BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):2
This appeal has been filed against the order passed by the District Forum, Dausa dated 3.4.2017 whereby the complaint is dismissed. The matter has come upon application u/s 5 of the limitation Act but looking at the facts mentioned in the application delay of 15 days is condoned.
The contention of the appellant is that COPD is not a disease it is only a bundle of infection and no facts have been suppressed at the time of purchase of the policy. The insured was medically examined before issuance of policy hence, the insurance company is estopped to plead otherwise and claim should have been allowed.
Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case.
There is no dispute about the fact that the insured filled the proposal form on 11.12.2013 and insurance policy was purchased. The contention of the respondent before the Forum below was that prior to the purchase of the policy the deceased was suffering from the disease of COPD and he suppressed the fact about his health and the Forum below has rightly dismissed the claim.
3The first contention of the appellant is that prior to purchase of the policy the deceased was medically examined but in the complaint no where it is mentioned that deceased was medically examined and further more for the sake of arguments it could be accepted that the deceased was medically examined still it is a routine type of check up mainly based on the answers given by the insured and proposal form Anx. R 1 clearly shows that the doctor has only certified that answers given by the insured are accepted correct. Hence, this contention gives no benefit to the appellant.
There is no dispute about the fact that prior to filling of the proposal form the deceased was suffering from Chronic Obstructive Pulmonary Disease and discharge summary of Santokbha Durlabhji Memorial Hospital states that he is a known case of COPD, smoker but all these facts are been suppressed at the time of filling of the proposal form even it has been stated that the insured never remain admitted to any hospital for check up, observation, treatment or operation and all other questions as regard to his personal health were answered in negative.
4In view of the above , the Forum below has rightly dismissed the complaint. There is no merit in this appeal not worth admission and stands dismissed.
(Nisha Gupta) President nm