Life Insurance Corporation of India vs Parmeshwari

THIS is an appeal against the order of the District Forum, Wardha, passed in the Complaint No. 7 of 1991. The complaint was lodged by Smt. Parmeshwari Ahuja, in respect of the Insurance payment of her deceased husband, Narayandas Ahuja. The claim was repudiated by the Life Insurance Corporation of India on the grounds that the complainant was suffering from Bronchial asthma during his lifetime and he had suppressed this fact in his proposal form at the time of obtaining the Insurance Policy. The admitted facts are, that Narayandas Ahuja died on 9.4.1988 due to cardiac arrest. The District Forum, after investigation of the complaint, found that the rejection of the complainant''s claim was erroneous on the basis of the cause of death of Narayandas Ahuja. The District Forum, therefore, allowed the complaint and ordered the payment of insured sum with interest and also costs.

WE have heard Shri Vedak, Advocate for the Appellant and Shri Agarwal for the . After careful consideration of the submission made by the learned Advocate of the Appellant and after perusal of the impugned order and the relevant papers, we find that there is no substance in any of the contentions raised by the Appellant and hence, the appeal is liable to be dismissed for the following reasons: In view of the admitted facts that Narayandas Ahuja died due to cardiac arrest, there is no relevance in the allegation that he suffered from bronchial asthma. Although the L.I.C. of India has failed to establish that Narayandas Ahuja was suffering from bronchial asthma, there is no connection or nexus between the ailment of bronchial asthma and the death, which was due to cardiac arrest. It has not been established by the L.I.C. of India that cardiac arrest, which caused the death of Narayandas Ahuja, was the direct result of bronchial asthma, Even going on facts, it has been found from the report of Dr. Chore, the authorised Doctor of the L.I.C. of India, who examined Narayandas Ahuja, that he was not suffering from any disease. In fact, the said report shows that Narayandas Ahuja was not suffering from any disease whatsoever. It is also important to know that on the basis of the medical examination report of Dr. Chore, submitted to the Development Officer of the L.I.C. of India, Narayandas Ahuja was insured. It, therefore, does not lie in the mouth of the L.I.C. to say that Narayandas Ahuja was suffering from bronchial asthma before he obtained his Insurance Policy. There is, on record, another "Medical Attendant''s Certificate" issued by Dr. O.P. Vaidya. The said certificate shows that Narayandas Ahuja was not suffering from any disease or illness. Thus, we find that the reasons given by L.I.C. to reject the claim of insurance as regards the cause of death of Narayandas Ahuja is found to be erroneous and baseless. In our considered view, the District Forum has given a considered judgment with convincing reasons and, therefore, there is no reason for us to interfere with the findings reached by the District Forum. Hence, we pass the following order:- ORDER

The appeal stands dismissed. The Respondent be paid Rs. 500/- as costs of this appeal by the Appellant. Appeal dismissed with costs.