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Showing contexts for: procured document in Life Insurance Corporation Of India And ... vs Rakesh Chand on 21 September, 2011Matching Fragments
7. Another argument advanced by the learned counsel for the appellants is that the insured had concealed material facts about her health. In support of his contention, two certificates obtained from the Village Head (Gram Pradhan) and Head Master of the primary school have been produced (paper nos. 34 and 35). According to these documents, the deceased was dependent on her husband's pension and was also a patient of diabetes. We cannot accept these documents as the conclusive evidences with regard to the insured's health. As a matter of fact, the appellants had deputed an investigator to probe into the matter before settling the respondent's claim. These documents were procured by him during investigation. It is interesting to note that the Village Head had also stated that the insured was receiving treatment for diabetes and the investigator has accepted his statement without making a deeper probe as to where and under whom she was treated for. If the Village Head and the witnesses, who have signed the said certificate, were so much aware of the fact that the insured was suffering from diabetes and was under treatment then they might be knowing the name of the hospital and doctors. The learned counsel for the appellants has referred some judgments of the Hon'ble Supreme Court and National Consumer Disputes Redressal Commission wherein the Hon'ble Courts have justified the repudiation of the claim on the ground that the insured had concealed or suppressed the material information about his/her health in the proposal form but in all these cases the Insurance Company had produced the certificates of the treating doctors. The judgments cited by the learned counsel are as follows:-