Supreme Court - Daily Orders
Reliance Nippon Life Insurance Company ... vs Nirmala Devi on 13 October, 2023
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6572 OF 2023
RELIANCE NIPPON LIFE INSURANCE COMPANY LIMITED APPELLANT(S)
VERSUS
NIRMALA DEVI RESPONDENT(S)
O R D E R
We have heard learned senior counsel appearing for the appellant at length.
The insured in the instant case did not die of any illness or ailment. He died owing to head injury sustained by him in a road traffic accident that occurred on 27.10.2015.
Learned senior counsel appearing for the appellant brought to our notice the proposal form at Annexure A-1 and, particularly, to Column 27 therein, in respect of which, the insured had stated “No” to the query at Column 27 which reads as under:-
“Are you currently taking any medication or drugs, other than minor conditions, (e.g. colds and flu), either prescribed or not prescribed by a doctor, or have you suffered from any illness, disorder, disability or injury during the past 5 years which has required any form of medical or specialized examination (including chest x-rays, gynecological investigations, pap smear, or blood tests), consultation, hospitalization or surgery” Signature Not Verified Digitally signed by SWETA BALODI Date: 2023.10.17 10:24:02 IST Reason: Learned senior counsel appearing for the appellant submitted that in fact the insured had sustained an injury in a 2 road traffic accident that had occurred in the year 2014, and therefore, there was a suppression of the material fact. The said contention would have been of significance and acceptance, had the insured died owing to an ailment caused due to the injury that had occurred in the road traffic accident which took place in the year 2014. But in the instant case, the insured died as a result of the head injury sustained in the road traffic accident that occurred on 27.10.2015 while he was driving his two-wheeler.
In the circumstances, we hold that the earlier head injuries sustained by the insured, which was not categorically disclosed, had no bearing on the repudiation of the policy in the instant case. It is also noted that the insured had taken a Life Insurance Policy and when his life has been cut short owing to the death caused in the road traffic accident, the appellant – Insurer was liable to pay under the terms and conditions of the Policy.
Therefore, the National Consumer Disputes Redressal Commission was right in granting relief to the respondent – insured The appeal is hence dismissed.
Pending application(s), if any, also stand disposed of.
……………………………………………………J. [B.V. NAGARATHNA] ……………………………………………………J. [UJJAL BHUYAN] NEW DELHI;
13th OCTOBER, 2023
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ITEM NO.22 COURT NO.15 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 6572/2023
RELIANCE NIPPON LIFE INSURANCE COMPANY LIMITED Appellant(s)
VERSUS
NIRMALA DEVI Respondent(s)
(FOR ADMISSION and IA No.208913/2023-EX-PARTE STAY ) Date : 13-10-2023 This appeal was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) Mr. Arvind Minocha, Sr. Adv.
Mr. Rajesh Kandari, Adv.
Mr. Daga Sachin Subhash , AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, also stand disposed of.
(SWETA BALODI) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)