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Misstatements or suppression of facts - Fact should in the exclusive knowledge of the person

In Prashant Dattarya Patre vs Sbi Life Insurance Company Ltd, the insurer had denied claim becauseon the ground of concealment of material facts. NCDRC clarified that rely upon the decision of Hon'ble Supreme Court in the case of PC Chacko & Anr. Vs. Chairman, LIC of India - (2008) 1 SCC 321.  Hon'ble Supreme Court observed in paras 15 and 16 of its judgment on fraudulent suppression, as below:

"The insured furthermore was aware of the consequence of making a misstatement of fact. If a person makes a wrong statement with knowledge of consequence therefor, he would ordinarily be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change".

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