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Judgment
THE central issue of discussion in this case is, what is the effect of suppression of material facts when a person gets himself insured from the Life Insurance Corporation.
THE facts of the case in hand are these. Smt. Kiran Singh, since deceased, obtained a life insurance policy on 28th December, 1992 for a sum of Rs.30,000/-. THE duration of the said policy was 25 years. Smt. Kiran Singh died due to electric shock on 26th August, 1993 and during that period policy was in existence. FIR was lodged by her husband, the petitioner, Shri Amod Kumar Singh. THEre is autopsy report in respect of Smt. Kiran Singh. THE claim filed by her husband was rejected by the respondent LIC. A case was filed before the District Forum. THE District Forum vide its order accepted the claim lodged by Shri Amod Kumar Singh and directed the appellant to pay the complainant the entire insured maturity amount with bonus and 18% simple interest p.a. from 30th November, 1993, the date of complaint till the date of payment, within 30 days. A sum of Rs.2,000/- was also awarded as litigation cost in favour of the complainant. Aggrieved by that order, the appeal was preferred before the State Commission. The State Commission accepted the appeal filed by the LIC and dismissed the complaint. Shri Amod Kumar Singh has filed the present revision petition.
We have heard the counsel for the parties. We find no illegality or infirmity in the order passed by the State Commission for the following reasons.
FIRSTLY, the record reveals that in Col.13 A of the Proposal Form Smt. Kiran Singh had stated that she was not pregnant. Thereafter, it transpired that, as a matter of fact, she was pregnant at that time because she availed Maternity Leave from 14th November, 1992 to 21st January, 1993. We have perused the form filled up by Smt. Kiran Singh. She, clearly, specifically and unequivocally stated that she was not pregnant and her menstruation period was on 19th January, 1993. It is thus, clear that she suppressed material fact before the LIC. The statement made by her in Col. 13A was wrong. It all boils down to the clear case of cheating. In a recent authority reported in the case of Ajay Prakash Mittal Vs. Life Insurance Corporation of India (1998) CPJ 2 (NC), it was held "Reliance was placed by the Corporation on the Manual of Instructions given to their agent wherein it is provided that the proposal for assurance on the life of lady after the child birth would be considered only six months after delivery. If the deceased had disclosed correctly regarding her pregnancy on 24th June, 1990 when she signed the proposal form, the LIC could waive off the conditions of six months or abide by the instructions in the Manual not to insure the pregnant lady until six months had expired after delivery. According to us, if the deceased had not suppressed the material facts, it would have influenced the LIC whether to insure or not to insure the deceased. It may be pertinent to mention that the deceased had died within the period of two years from the date of taking of the life insurance policy. We are of the firm opinion that the LIC was able to establish firm opinion that the LIC was able to establish that the deceased suppressed facts which it was material to disclose. The State Commission was right in holding likewise." The form reveals that name of the agent is Deepak Kr. Sharma. Deepak Kr. Sharma was not examined nor was any action taken against him. Secondly, Amod Kr. Singh vide his letter dated 30th November, 1993 informed the LIC that his wife Smt. Kiran Singh died on 26th August, 1993 and in the claim form he explained that his wife died from an electric shock. The record of the NTPC Hospital reveals that Smt. Kiran Singh was admitted on 25th August, 1993 at 2.30 P.M. after she received electric shock. It also came to light that the body of Smt. Kiran Singh did not have any external injury. But the post mortem report shows electric burn of 1/2" x " " on the hand and second injury was found on the scalp for which there is no explanation that how this injury was caused. It is thus clear that the death of Smt. Kiran Singh did not occur due to accident caused by electric shock.
LASTLY, it is difficult to fathom as to how she got the scalp injury. There is no explanation for the same. It appears that this material fact was also suppressed before the LIC. It is well known that truth has annoying habit of being not suppressed for too long. We do hold with the views of State Commission. The revision petition is meritless and hence dismissed. However, there is no order as to costs.