Case nº Revision Petition No. 409 Of 2013, (Against the Order dated 18/10/2012 in Appeal No. 1476/2006 of the State Commission Haryana) of NCDRC Cases, October 15, 2014 (case Ramratti Vs LIC of India and Anr.)

Judge:For Appellant: Mr.Shashi Bhushan, Son-cum- Authorized Representative and For Respondents: Mr. Ashok Kashyap, Advocate
President:Mr. Ajit Bharihoke, Presiding Member and Mrs. Rekha Gupta, Member
Defense:Consumer Law
Resolution Date:October 15, 2014
Issuing Organization:NCDRC Cases
 
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Order:

  1. Revision Petition No. 409 of 2013 has been filed by the petitioner/complainant against the order dated 18.10.2012, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (short, "State Commission") in First Appeal No.1476 of 2006.

  2. Brief facts of the case as per petitioner/complainant are that Shri Chander Hass Yadav, husband of the petitioner was serving in Air India as ASO and took a LIC policy on 28.2.2001 for Rs.l lakh. Unfortunately, the life insured died on 19.1.2004 of Septic Shock, as per death summary issued by Pushpawati Singhania Research Institute for Liver, Renal & Digestive Diseases, New Delhi The petitioner submitted a claim with the respondent but the same was repudiated on the ground that before taking of the policy, the life assured was chronic alcoholic as well as a chronic smoker for the last 30 years and had been diagnosed as a patient of severe upper GI Hemorrhage and Grade IV Desophageal Varices for which he was taking medical treatment from Pushpawati Singhania Research Institute for Liver, Renal & Digestive Diseases, New Delhi. This fact, however, was not disclosed by him in the proposal form while giving his personal statement. Hence, the petitioner challenged the repudiation of her claim by filing a complaint.

  3. Respondent nos.1 and 2/opposite party nos.1 and 2 in their reply before the District Consumer Disputes Redressal Forum, Jhajjar (short, ''District Forum'') has stated that;

    The deceased life assured was suffering from Septic Shock and as the duration of the policy was less than three years and this being the early claim, it was subjected to death claim investigation as per death claim settlement procedure in vogue. During investigation, it was revealed that life assured was a chronic alcoholic and smoker for the last 30 years as is evident from question No.11 of Form 3784 furnished by DR.(Col.) Arun Kumar VSM, MD (Med.) DM (Gastro) AIIMS, New Delhi. The immediate cause of death was decompensated chronic liver disease as per death summary and form 3816 issued by Pushpawati Singhania Research Institution, New Delhi. The cause of death is directly related to his being chronic alcoholic and smoker for the last 30 years at the time of his admission in the Pushpawati Singhania Research Institution, New Delhi. Hence, the deceased life assured did not disclose correctly regarding his health and habits at the time of proposal and had given false answers to questions No.11 (h) and 11...

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