Skip to main content

Man withheld vital information: NCDRC denies insurance claim

The apex consumer commission has denied insurance claim to the wife of a man, who was insured with LIC and died in 1999, noting that he had withheld material information at the time of taking the policy.

National Consumer Disputes Redressal Commission (NCDRC), presided by Justice D K Jain, denied the insurance claim while setting aside the order passed by Rajasthan State Consumer Disputes Redressal Commission, in which the state commission had asked the insurance company to pay Rs 1.03 lakh to Neelam Sharma, a resident of Ajmer, Rajastan.

"...We are of opinion that the answers given by insured in proposal form were untrue to his knowledge. There was clear suppression of 'material facts' in regard to the health of the insured," the NCDRC bench said.

It added that it was not for insurer Krishanavtar Sharma, to determine whether information sought for in questionnaire was material for the purpose of the two policies.

"At any rate, the statements made in the proposal form were untrue and incorrect...We are, therefore, of the opinion that the insurance company was justified in repudiating the claim of the respondent," it said.

Krishanavtar Sharma had taken two life insurance policies of Rs 50,000 each from the company. During the validity period of the policies, he died due to heart attack on December 31, 1999.

On the death of her husband, Neelam Sharma sought a claim from the company. The claim, however, was repudiated on the ground that Krishanavtar had suppressed material information regarding his health at the time of taking the life insurance policies.

The company contended before the commission that as per information available with it, two years prior to taking the policies, Krishanavtar had been suffering from Amoebic Liver Abscess and had also been hospitalised in this connection in June 1997.

But these material facts were not disclosed by him in the proposal form and, therefore, it was not liable to pay assured amount under the policies, it added.

Earlier, when Neelam had approached a district consumer forum against the company's refusal to give claim, the forum had asked the firm to pay Rs 1,03,000 to the woman. The forum's order was also upheld by Rajasthan State Consumer Commission.

Article referred: http://www.business-standard.com/article/pti-stories/man-withheld-vital-information-ncdrc-denies-insurance-claim-114100600493_1.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.