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Judgment
Arindam Sinha, J
Mr. Dutta, learned advocate appears on behalf of petitioner insurance company. He submits, impugned is award dated 2nd August, 2017 made by permanent Lok Adalat in PLA case no.248 of 2016. He submits further, opposite party no.1, award holder has been served but chose not to appear knowing that there was misrepresentation leading to lawful repudiation of the claim.
He submits, the insured misrepresented his age. Being of 80 years the declaration was made that he was 57 years old. He died within one year of taking the policy. His client made investigation under section 45 of Insurance Act, 1938 and discovered the misrepresentation, being good ground for repudiation. Impugned award should be set aside and quashed.
On query from Court, Mr. Dutta submits, the declaration was made on basis of Pan Card held by the insured. On further query from Court regarding law, on government issued documents to be relied upon as in favour of the insurer and not the insured, Mr. Dutta prays for adjournment.
List on 22nd March, 2022.
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