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Concealment of pre-existing disease if not cause of death will not disentitle claim

In NEELAM CHOPRA vs LIFE INSURANCE CORPORATION OF INDIA, the claim registered on the death of the insured was repudiated by the insurer as the insured at the time of applying had suppressed information.

The claim was allowed by the District Forum but disallowed by the State Forum. On appeal the NCDRC, referring to the judgment of the High Court of Delhi in Hari Om Agarwal Vs. Oriental Insurance Co. Ltd, wherein it was held that the insurance claim cannot be denied on the ground of these life style diseases like diabetes and high blood pressure that are so common but it does not give any right to the person insured to suppress information in respect of such diseases. The NCDRC also referred to the Supreme Court in Sulbha Prakash Motegaonkar And Ors. Vs. Life Insurance Corporation of India wherein it was held that suppression of any information relating to pre-existing disease if it has not resulted in death or has no direct relationship to cause of death, would not completely disentitle the claimant for the claim.

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