Page 100 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 100

this ground alone smacks of mala-fide intention on the part of the OP. This stand has
been reiterated by this Commission in Smt. Sulochna Indukar Vs. the Life Insur-
ance Corporation of India in R.P. No. 587 of 2015 dated 11.09.2015, wherein the
repudiation on similar grounds, viz. that the insured had suppressed information re-
garding his previous insurance policies, has been held to be bad.
16. Keeping in view the facts and circumstances of this case, in our opinion, the
non-disclosure of the other insurance policies does not fall within the ambit of Section
45 of the Insurance Act, as the concealment was neither wilful nor fraudulent. To reit-
erate, the Agent himself admitted that it is the normal practice that in non medi-claim
policies, the question regarding existence of other insurance policies is not asked and
that he himself had filled the proposal form. By no stretch of imagination it can be
held to be a material fact fraudulently suppressed, entitling the Insurance Company to
repudiate the claim on the stated ground.
17. For all the aforementioned reasons, this Revision Petition fails and is dis-
missed accordingly. No order as to costs.

......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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