Learned District Forum in its order dated 21.8.2006 observed that
assured suppressed material fact about health at the time of revival of
policy. Learned District ... that at the time of revival of lapsed policy the assured suppressed
material facts about his health. Learned
State Commission while allowing appeal observed
insured(now deceased), at the time
of taking the Insurance Policies suppressed the material facts by answering the
questions aforesaid, in the negative fraudulently ... proposal form, he gave false answers, to the questions and, thus, suppressed
material facts. The claim of the complainant was repudiated, by the Insurance Company
insured(now deceased), at the time of
taking the Insurance Policy, suppressed the material facts by answering the additional
questions aforesaid, in the negative ... proposal form, he gave false answers, to the questions and,
thus, suppressed material facts. The claim of the complainant was repudiated, by the Insurance Company
both the complaints is as to whether the deceased
Gopalkrushna Waghralkar suppressed material information as regards his
medical history and ailment, while submitting proposal forms ... coming to the conclusion that the deceased Gopalkrushna
Waghralkar intentionally suppressed material information as claimed by
the OP He also argued that the term
condition and policy no.378782459 was obtained by the deceased by
suppressing material facts regarding state of his health.
3. The OPs/appellants filed their ... material (sic material fact) must be disclosed, otherwise, there
is good ground for rescission of the contract. The duty to
disclose material facts continues right
appellant insurance company or with
other four insurance companies, a material suppression of the fact. The insurance company will collect the premium basing ... assured, wife
of the complainant had suppressed the various policies taken by her.
It amounts to suppression of material fact. The policies worth
proposal form, that, in case of any
misstatement or suppression of material information, the Company had a right to
repudiate the claim, under the Policy ... claim of the complainant was
repudiated, due to non-disclosure and suppression of material information, by
the life assured. It was further stated that
opposite parties raising the following contentions. The complainant has suppressed material facts and has alleged falsehood in the complaint. The allegation that three policies were ... issued these policies. Since the complainant made fraudulent mis-representation and suppressed material facts policies issued as per proposals dated: 14.07.03 and 02.02.05 have become
suppressed the material facts to defraud the opposite
parties and she did not disclose the material facts. Non
disclosure of the material facts amounts ... burden of proving that the insured had made false
representations and suppressed material
facts is undoubtedly on the Corporation..
On the other hand, the learned
company vide letter dated 01/10/2007 on the
ground of suppression of material fact about his health. It was
contended by the complainant that ... Sahyadri Hospital, Pune it was revealed that policy holder had
suppressed material fact about his disease of diabetes meilitus at the
time of submitting
