Case nº Revision Petition No. 4770 Of 2012, (Against the Order dated 13/09/2012 in Appeal No. 7/2012 of the State Commission Andhra Pradesh) of National Consumer Disputes Redressal Commission, November 29, 2016 (case Smt. T. Pushpamma Vs Senior Branch Manager, LIC of India and Anr.)
| Judge | For Appellant: Ms. Akanksha Mehra, Advocate and For Respondents: Mr. Neeraj Gupta, Advocate |
| President | Mr. K.S. Chaudhari,Presiding Member |
| Resolution Date | November 29, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
K.S. Chaudhari, Presiding Member
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This revision petition has been filed by the petitioner against the order dated 13.09.2012 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, ''the State Commission'') in Appeal No. 7/2012 -- Smt. T. Pushpamma Vs. The Sr. Branch Manager, LIC of India by which, appeal was dismissed.
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Brief facts of the case are that the complainant/petitioner is the mother and nominee of the deceased T.N.Jeevan Kumar who died on 25.4.2007 while taking treatment in Chennai Kaliappa Hospital, R.A.Puram, Chennai. During his life time, the deceased Jeevan Kumar obtained Bhima Gold Policy bearing no.843101455 on 27.3.2006 from Life Insurance Corporation of India, Branch Office, Chittoor i.e. opp.party no.1/respondent no. 1. The sum assured under the basic plan is Rs.5 lakhs and also accident benefit rider sum assured Rs.5 lakhs. The said T.N.Jeevan Kumar died on 25.4.2007 after paying three half yearly premiums regularly, without any default. The cause of the death of the said T.N.Jeevan Kumar is described as CRF ACUDEDIARRHEAL DESEASE SEVERE ACIDISES respiratory arrest revived and ventilated. Severe brain stem dis-function as per the death certificate issued by Chennai, Karliappa Hospital. After the death of her son Jeevan Kumar, the complainant claimed the assured amount from the opposite parties and the opposite parties repudiated the claim under letter dt.15.4.2008 for giving false answers in the proposal form suppressing chronic renal problems/failure prior to the date of proposal. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 1 resisted complaint and submitted that it was an early claim, an investigation was conducted. As per the investigation, it was revealed that the deceased/life assured''s length of service with his employer was only four months, that the deceased was admitted in CMC Hospital, Vellore on 4.5.2006, that the deceased assured had facial puppines at the age of 12 years. That the deceased''s father and elder brother died due to renal failure and that the deceased had Stage V chronic kidney disease. But in the proposal form no.300 submitted by the deceased, while taking the above policy, the deceased had not disclosed all the above details and he has given false answers for question no.11(a) to (i). He has also stated fraudulently in the proposal that his length of service with the employer was two years. Thus...
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