Life Insurance Corporation of India vs Dharam Pal

THIS is an appeal against the judgment and order dated 26.7.1999 passed by District Consumer Forum, Sitapur in Complaint Case No. 341/1996.

THE facts of the case stated in brief are that the complainant''s wife Smt. Chhotki Devi was insured for a sum of Rs. 50,000/- on 26.6.1995. She died on 17.7.1995. THE complainant was the nominee. Claim was put forward but the Life Insurance Corporation of India repudiated the claim on 30.6.1996. The complainant further alleged that on 29.6.1996 a letter was received by the complainant in which it was stated that the Life Insurance Corporation is reconsidering the claim of the complainant but when no reply was received for such a long time, the present complaint has been filed for recovery of Rs. 50,000/- alongwith interest at the rate of 15% per annum alongwith cost of Rs. 2,000/- and compensation.

Opposite party in its written version has alleged that at the time of filling up of proposal the fact that the complainant''s wife was ill was suppressed. As a matter of fact, Smt. Chhotki Devi was suffering from diabetese since May, 1995 and she died within two months of the policy. Hence the claim has been repudiated on account of suppression of material facts.

THE learned District Forum, after considering the case of the parties, came to the conclusion that there is a deficiency on the part of the Life Insurance Corporation in repudiating the claim of the complainant and hence it decreed the claim for Rs. 50,000/- alongwith 12% per annum interest with effect from 30.6.1996 and Rs. 1,000/- as cost of the proceedings. It was further provided that if the amount is not paid within one month, then interest shall be payable at the rate of 15% per annum. Aggrieved against the order of the learned District Forum, Life Insurance Corporation of India has come in appeal and has challenged the correctness of the order passed by the District Forum.

WE have heard the learned Counsel for the parties and have perused the evidence on record. Learned Counsel for the appellant has argued that the deceased was suffering from diabetese. This fact has been denied by the learned Counsel for the respondent. In order to support its case, Life Insurance Corporation has filed a copy of the medical certificate dated 14.9.1995 issued by a doctor. No reliance can be placed on this medical certificate. No affidavit of the doctor has been filed. Only an affidavit of an official of the appellant has been filed to show that this certificate was obtained from the doctor concerned. This Commission on 21.2.2000 had directed the appellant to produce the doctor who had issued this certificate. The Counsel for the appellant had taken time to produce the doctor, but the doctor was not produced till the arguments were heard on 21.2.2000. The order to produce the doctor was initially passed by this Commission on 15.11.1999 but the appellant failed to produce the doctor even upto 30.3.2000 when the arguments were heard and the Counsel was unable to produce the doctor. This medical certificate contains inherent probabilities. It appears that the doctor who had issued this certificate was not even a qualified doctor because he does not know the spelling of ''cholera'' which he has spelled as "calro". This certificate shows that in Column 4 the cause of death has been shows as "severe cholera" which was caused three days before the date of death. In Column No. 6 to the question about the disease due to which the death was caused, it was mentioned that the disease was of liver. Thus the entries in this medical certificate contradict each other. At one place it is mentioned that the cause of death is cholera and at another place it was mentioned as ''liver''. Thus this certificate has no evidential value and deserves to be rejected straightaway.

THERE is no evidence on record to show that the deceased at the time of filling up the proposal form was suffering from liver disease or diabetese.

THUS we find that the appellant has miserably failed to prove his case and repudiating the claim without applying its mind on the facts of the case and took false plea and produced a false medical certificate in order to deprive the claimant of its due amount. The appeal is, therefore, liable to be dismissed. Order The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. The appellant shall pay a sum of Rs. 2,000/- as cost of the proceedings to the complainant/respondent. Let compliance of the order be made within a period of two months from the date of this order. Let copy as per rules be made available to the parties. Appeal dismissed.