LIFE INSURANCE CORPORATION OF INDIA Vs. GOPAL SINGH RATHORE S/O BALU SINGH RATHORE

JUDGEMENT

(1.) THIS appeal has been filed against order dated 26.6.2008 passed by the District Consumer Forum (DCF), Bhilwara whereby the Appellant has been directed to pay to the Complainant a sum assured of Rs. 50,000/ - with benefits, if any, due thereunder along with interest thereupon @ 9% per annum from the date of letter of repudiation till the date of payment as well as a sum of Rs. 1,000/ - towards litigation expenses.

(2.) THE policy was obtained by Late Smt. Ganesh Kanwar W/o of the Complainant Gopal Singh Rathore for a sum of Rs. 50,000/ - by submitting a proposal on 20.9.2002. The policy lapsed on account of non -payment of premium on 28.3.2005 which was got revived by submitting statement of good health dated 3.11.2005. The Life Assured (LA) died on 29.6.2006 but the insured amount was not paid to the Complainant who is the nominee under the policy. The claim was repudiated on the ground that the policy was revived on 11.11,.2005 on the basis of personal statement regarding health made by the deceased and the evidence collected by the Insurance

(3.) CORPORATION shows that the assured had been suffering from lymphoedema for three years, chronic renal failure and hypertension for two years and was treated for TB also. She did not disclose these facts in her personal statement.