deceased on 27.11.06 and
in respect of illness she had answered all the questions in negative
though the appellants had indisputable proof to prove ... suffering from any kind of disease and all the questions were
answered in negative.
8. There
is also no dispute on the point that deceased
insurance policy that the proposer Brajendra Das while submitting proposal form answered "No" in respect of clauses (i) to (viii ... respect of clause (ix), he answered "good". He also submitted that clause (viii) speaks "Do you use or have you ever used
filed
their evidence on affidavit in support of their complaint petition and answered
all the questions made by the OPs which
time of obtaining the said Policies, as also, gave false answers, to the
questions, contained in the proposal form.
3.
It was
further stated that ... Myocardial Infarction (acute cardiac attack), which
had no nexus with the answers given to the questions, contained in the proposal
form. It was further stated
complainants are not entitled to any compensation from the
opposite parties. The answering opposite party has no liability
whatsoever for any loss suffered ... conduct. No incident was ever reported to the answering
opposite party and, as such, there is no liability of the answering
opposite party. The complainant
proposal form, as to whether, he was
suffering from any disease, his answer was in the negative. He further
submitted that the Certificate of Hospital ... fact was
suppressed which was material to disclose. A deliberate wrong answer, which has
a great bearing on the contract of insurance, if discovered
that the deceased had not disclosed his true state of health
in answers given to specific questions at the time of the insurance
thereby precisely ... giving answers in negative to questions under
Clause 11 (i) asking him to answer as to whether during the last five
years, he had consulted
process of law and is filed to
harass and blackmail the answering respondent. The answering respondent
is world renowned automobile manufacturing company ... Alto is one of the best selling models of the answering
respondent.
11. All the vehicles manufactured by the answering respondent are
duly approved
filed a revival form
- form no.680 - and
he had answered the following questions:
QUESTIONS
ANSWERS
Q.No.2 - Since the date of your proposal ... follows:
I, Anand Naik
do hereby declare that the foregoing statement and answers are true and complete in every particulars and agree
and declare that
person whose life has to be insured will give true and correct answers to the questions in the proposal form, but in the instant case ... answered negatively to all the questions in the medical questionnaire including question nos. 8(iii), 8(xii) and 8 (xiii).
It has also been alleged
