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Showing contexts for: copd in Lic Of India vs Smt.Shanta Devi on 26 October, 2009Matching Fragments
Hence, the claim has been repudiated for non-disclosure of material facts."
Thereafter the present complaint was filed.
A reply was filed by the respondents before the District Forum,Bharatpur on 20.1.07 and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 28.7.06. Apart from that it was stated in the reply that on 20.1.06 the deceased had taken the treatment from Dr. Girdharilal Agarwal and since the death of the deceased had taken place for the disease of COPD and therefore, on the date of filling in up the declaration form regarding his health on 31.1.06, the deceased was aware of the fact that he was a patient of COPD and further the policy had come into force w.e.f. 4.2.06 and the deceased had died on 9.2.06 and thus it was a case of suppression of material facts regarding health on the part of the deceased and it was prayed that complaint of the complainant be dismissed as claim of the complainant was rightly repudiated by the respondents.
After hearing the parties, the District Forum, Bharatpur through impugned order dated 19.11.07 had dismissed the complaint inter alia holding-
(i) That in this case since the respondents had proved the fact that before filing in up the declaration form on 31.1.06 the deceased had taken treatment from Dr.Girdharilal Agarwal on 20.1.06 for the disease of COPD and the deceased was admitted in the RBM Hospital, Bharatpur on 7.2.06 for the same disease and had died and therefore, it is well proved that prior to 31.1.06 the deceased was a patient of COPD and thus it was a case of suppression of material facts regarding health on the part of the deceased.
12. It may be stated here that as per prescription slip dated 20.1.06 of Dr.Girdharilal Agarwal the deceased was a patient of COPD and as per medical science, the disease of COPD could not develope within few days and since this disease affects the vital part of the body i.e. lungs, therefore, it could not be said that the disease of COPD is a trivial disease and since as per prescription slip of Dr.Girdharilal Agarwal dated 20.1.06, it was found mentioned that the deceased was a patient of COPD , therefore, it was the duty of the deceased to have mentioned that disease in his declaration form dated 31.1.06 regarding his health and thus, non-mentioning of the disease of COPD in the declaration form dated 31.1.06 regarding health by the deceased would amount to suppression of material facts regarding health on the part of the deceased .
13. Not only this the deceased was admitted in the RBM Hospital, Bharatpur on 7.2.06 and the disease of COPD was diagnosed, meaning thereby the disease of COPD was an old disease and thus at the time of taking the policy in question i.e. on 31.1.06, the deceased was aware of the fact that he was suffering from the disease of COPD and the deceased had deliberately and intentionally did not disclose that fact in his declaration form dated 31.1.06 and thus, he was guilty of suppression of material facts regarding his health.