MANDIYALA MANAGER, LIFE INSURANCE CORPN. vs Sunita Sharma

SMT. Sunita Sharma, Lucknow filed a complaint against the Life Insurance Corporation before the District Forum, Lucknow whereby it registered as Complaint No. 410/1990 on that District Forum has declared this judgment dated 28.3.1992 wherein the opposite parties of the case viz. Life Insurance Corp. the appellant have been jointly and severally held responsible for making a payment of a sum of Rs. 50,000/- (Fifty thousand only), alongwith interest on this amount @ 14% per annum from 29.8.1988 till the date of payment as also to pay a compensation amount of Rs. 500/- to the Complainant.

THE Life Insurance Corporation aggrieved by the said order of the District Forum, Lucknow has filed this Appeal in the State Commission. Both (he parties appeared before the State Commission. On behalf of the Appellant (Life Insurance Corporation), it was admitted that they had not got the insured person (deceased who was the husband of the Complainant), examined by an authorized Medical Officer of the Corporation. It has been admitted that the Complainant is the nominee in the Insurance Policy in question. We find from the papers placed by both the parties before us that the Appellant (Life Insurance Corp.), vide their letter dated 16.1.1990 which is their internal letter from the direct Agent branch to the Divisional Officer has stated that the case in question was "written off and the liability No. is 351" and that the file is with the Divisional Office. This letter does not give specific reasons for writing off and as such this letter is not to be treated as a speaking order repudiating the claim. In this connection the Appellant have referred to their other letter dated 1.2.90 which is addressed to the Complainant repudiating the claim, on the basis of alleged false information given in the proposal by the assured and in the personal statement dated 16.3.88 in respect of 5 items referred to in this letter.

We have perused the papers filed by the Appellant. The cause of death is given under column 3 (Kha) of the form No. 3783 and is shown to be ''Aanshik Roop Se Beemar The''. In the other form No. 3785 under column 4(Kha), the cause of death has been shown as "Bukhar Se". These documents indicate the cause of death. On behalf of the Appellant reliance has been placed on certain documents which refer to earlier illnesses as : - (a) Appexdicitis (b) Breathlessness (c) Mitral Stenosis

IT is thus obvious that the cause of death namely "Bukhar" has no relationship with the earlier illnesses referred to above in the repudiation letter dated 1.2.1990. The claim of the Complainant who is nominee in the Insurance Policy and is the wife of the deceased has been upheld by the Distt. Forum & we agree with their findings. For reasons stated above, we are not convinced with the arguments of the Appellant. We agree with the findings as recorded by Distt. Forum and do not find any justification for making any alterations in their award. The Appeal is dismissed. Appeal dismissed.