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Additional Director General, Aps (Pli ... vs Jyoni Devi on 16 December, 2013

4. The District Commission relied on a decision in Para 38 of the Hon'ble National Commission in the case of Additional Director General, APS (PLI CELL) and another Vs Jyoni Devi reported in I (2014- CPJ 41 (NC), wherein held that "insured suffering from HIV positive-non-disclosure in proposal form- claim repudiated - deficiency in service - District Forum allowed complaint - State Commission dismissed Appeal - Hence, Revision, Petitioner failed to establish that insured was aware that he has been detected HIV positive - Insured had not indulged in fraud, misrepresentation or concealment of material fact while obtaining insurance policy - repudiation not justified''.
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