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Judgment
SINCE C.M.A. No. 552/2005 has been granted this appeal is given number and the same is taken up for admission today.
THIS appeal arises from order dated 31st March, 2005 rendered by the learned Ahmedabad District (Rural) Consumer Disputes Redressal Forum in Complaint No. 1202/1999 dismissing the complaint on the ground that the insured, since deceased, did not disclose serious ailment of myocardial infarction from which he suffered. We have heard the learned Advocate appearing for the complainant, now appellant. His submission is that there is no nexus between the primary cause of death as Carcinoma of right lung and myocardial infarction. In our considered opinion when the proposal form was filled in around 27.3.1996 and when death of the insured had taken place on or around 12.7.1996 the incident occurred within two years from the date of the policy and it was incumbent upon the insured to disclose such material fact of his sufferance from myocardial infarction. Since the first portion of Section 45 of the Insurance Act would be applicable nexus between the primary cause of death and ultimate cause of death will not assume relevance. Hence, bearing in mind the facts of the case we cannot entertain this appeal. Following order is, therefore, passed: This appeal is rejected at the admission stage and disposed of accordingly. Appeal dismissed.