10. The appellant has miserably failed to
produce any cogent and convincing evidence to prove that on the date of
submitting the proposal form (Exhibit R-1), that is, on 20th of
November, 2008 the life assured was suffering from diabetes and was having
knowledge of the same. Support can be
had from the judgment rendered by Honble National
Commission in L.I.C. of India versus Joginder Kaur and Another, 2005(1) C.P.C. 52 (N.C.), wherein it has
been held that:-
11. Learned
Counsel for the complainant referred the case law of LIC of India Vs.
Joginder Kaur and another; 2005 (1) CPC, United India Insurance Co.
Ltd. Vs. Sh. Mehenga Singh; 2004 (1) CPC 507 and LIC of India Vs.
Jasvinder Kaur; III (1999) CPJ 43 in support of his submission that
no evidence has been adduced to prove that the doctor had treated the
insured for the said disease and simple allegation is not sufficient
to prove the case of concealment of material fact. There is
sufficient evidence on record to prove that the insured was suffering
from CML at the time of filling the proposal form. There is also a
certificate of the doctor issued in that regard. To the contrary,
there is no evidence of the complainant to prove that the insured was
not suffering from any disease.
(ii) The Hon'ble National Commission in the case of LIC of
India Vs. Joginder Kaur and others; II (2005) CPJ 78 (NC),
has held that the contention of the insurer that the deceased
was suffering from diabetes mellitus, was chronic alcoholic
and had an attack of jaundice, was not acceptable in absence
of any legally admissible evidence in support thereof.
14. Further the Hon'ble National Commission in the case of "LIC
Vs. Joginder Kaur and other", 2005(2) CLT 229 has clearly held that in
the absence of any reasonable inquiry and in the absence of any
reasonable evidence the insurance company was not correct in repudiating
the claim under the policy.
We may also refer to the case "LIC of India v. Joginder
Kaur and others II (2005) CPJ 78 (NC)" in which case also, the OP tried
to prove concealment of disease on the basis of the past history recorded
First Appeal No.583 of 2008 5
by the doctor. The Hon'ble National Commission in para 11 held as follows
:-
In
First Appeal No.566 of 2008 5
case, "Life Insurance Corporation of India v. Joginder Kaur
and others, II (2005) CPJ 78", the Hon'ble National Commission
held that the past history of the insured can be considered only if
the affidavit of the doctor who had treated him earlier was
produced or some other material from the hospital or the doctor is
produced to prove the record of the previous treatment. In the
present case, there is no mention as to from where Ved Prakash
was getting treatment for hypertension nor the record from
Pakistan where Ved Prakash was alleged to have got renal
transplant has been produced/proved. In the absence of primary
evidence, the mere past history recorded in Ex.R4 cannot be held
sufficient to repudiate the claim.
and "LIC of India v. Joginder Kaur and others II (2005) CPJ 78
(NC)" in the latter case also, the OP tried to prove concealment of
disease on the basis of the past history recorded by the doctor. The
Hon'ble National Commission in para 11 held as follows : -
We may also refer to the case "LIC of India v. Joginder
Kaur and others II (2005) CPJ 78 (NC)" in which case also, the OP tried
to prove concealment of disease on the basis of the past history recorded
by the doctor. The Hon'ble National Commission in para 11 held as follows
:-