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Life Insurance Corporation Of India vs Smt. Neelam Sharma on 30 September, 2014

For the said ICICI prudential Insurance, the complainant filed the proposal form on 15.3.2008 i.e. prior to the submission of application to the OP/insurance company.  In this context, we need to decide whether the non-disclosure of the said policy was a material fact.  Keeping in mind that the deceased had bonafide intention when he made a declaration of the LIC policy, which was already in existence and that he has not disclosed about the application/proposal submitted to ICICI; in our view, it appears to be an inadvertent error on the part of deceased.  Also, when the ICICI had not issued any policy; in that case, the complainant had not declared the same in the proposal form in question.  Thus, there was no mala fide intention on the part of the deceased.   Considering the facts of the case, we are of the view that simple non-disclosure in the proposal form submitted to ICICI, when the policy was not in existence, is not a material fact in the instant case.  In fact, the ICICI had issued policy in the month of April, 2008 only.  Therefore, the repudiation done by the OP was unjust and unlawful.
National Consumer Disputes Redressal Cites 5 - Cited by 30 - Full Document
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