Life Insurance Corporation of India vs NISHAR KHAN

IT is a case of repudiation of life insurance policy issued by the petitioner, Life Insurance Corporation of India to the complainant/respondent, Nishar Khan beneficiary of the Jeewan Sathi policy of Rs. 50,000 (Double Cover Joint Life Plan) which has been taken for his wife Smt. Shakila Bano.

LEARNED District Forum allowed the complaint and the State Commission affirmed the same holding that death of Smt. Shakila Bano had occurred due to rupture of appendicitis. It is argued by the learned Counsel for the petitioner that when the matter was investigated it was revealed that the deceased insured has suppressed the material fact of her being pregnant at the time of submitting the proposal. It is due to this deliberate and fraudulent concealment of the true fact that the claim was repudiated. It appears that she was pregnant for about three months. In the present case, admittedly the assured died because of rupture of appendicitis. This cause of death has nothing to do with the alleged pregnancy.

Then the next question that arises for consideration is whether the life assured was actually aware of her pregnancy at the relevant time of filing the proposal form. It is a known fact that most of the women sometimes do not know about existence of pregnancy in the early days till they go for a check up to a doctor or for a pathology test. In any case, pregnancy is nothing to do with her death. Hence, repudiation is unjustified. There is no evidence to the effect that the respondent was aware of pregnancy. It is not the petitioner''s case that the respondent took medical consultancy in this regard.

IN view of the above discussion, in our opinion, the State Commission has arrived at the correct conclusion. There is no infirmity or jurisdictional error in the concurrent finding recorded by Fora below warranting interference in revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986. Revision petition is, therefore, dismissed. There shall be no order as to costs. Revision Petition dismissed.