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Judgment
PETITIONER Mr. Kapil Rai Singhani was the complainant before the District Forum. The facts of the case in brief are that Mr. Krishna K.V. Raisinghani father of the petitioner had taken a LIC policy for a sum of Rs. one lakh. The said policy was to commence from 23.4.2001. Although the proposal form was filled up on 30.4.2001 at the request of the life assured, the policy was issued from the back date. Complainant''s father died on 23.12.2002, i.e., within two years of taking the policy. LIC repudiated the claim of the complainant on the grounds that deceased had been suffering from Cancer for which he had taken treatment and was on medical leave for 54 days from 6.1.1998 to 28.2.1998, which material fact was not disclosed in the proposal form. On the other hand, he had given false answers.
THE complainant approached the District Forum, which passed an order directing the LIC to pay a sum of Rs. one lakh with 9% interest per annum from the date of its order. The Forum also directed the LIC to pay Rs. 5,000 for mental agony and Rs. 2,000 as cost.
AGGRIEVED by this order, the LIC filed an appeal for dismissing the complaint and the complainant had filed an appeal for enhancement of compensation and cost. The State Commission after going through the records of the case and also hearing the learned Counsel for the parties allowed the appeal of the LIC and dismissed the appeal of the complainant. We have heard the learned Counsel for the petitioner. In this case, the death has taken place within two years of the policy. In the proposal form, to a question: Are you suffering from or have you ever suffered from diabetes, tuberculosis, high blood pressure, low blood pressure, cancer, epilepsy, hernia, hydrocele, leprosy or any other disease? A categorical answer was given as No. LIC mainly relied upon Exhibit D -6 to Exhibit D -10, which clearly show that these documents were obtained by the LIC from the Government department where the life assured was working as Deputy Director. Hence, there is no reason to disbelieve these documents. The life assured had also claimed reimbursement of medical bills. The deceased had consulted. Dr. Hemant who is a Consultant Medical Oncologist in Sawai Man Singh Hospital, Jaipur, Dr. Hemant had certified that Mr. Raisinghani, the deceased was suffering from Non -Hodgkin''s Lymphoma, which is a type of Cancer for which he had prescribed certain medicines. The deceased also obtained certificate from the treating doctor for reimbursement of his medical bills. For treatment the deceased remained on medical leave from 6.1.1998 to 28.2.1998. He was also on medical leave on earlier occasions also.
THESE records, clearly prove the existence of Cancer for which he was suffering from prior to the commencement of the Life Insurance Policy, which ultimately resulted into his death.
THEREFORE , we do not see any merit in this revision petition. Accordingly, it is dismissed. However, there shall be no order as to cost. R.P. dismissed.