Page 101 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3
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Suri’s - NCDRC ON LIFE INSURANCE 2017                    101



                           Evidence  - CPC and Evidence Act - Insured had obtained insurance policy
                       by concealment of his previous ailment i.e. diabetes mellitus and Palloor on the
                       basis of the information contained in the application submitted by wife of the de-
                       ceased insured to the Deputy Commissioner Fatehabad and the attested copy of
                       the record of the treatment of the deceased at General Hospital Fatehabad duly
                       attested by the doctor - Contention that State Commission has committed a grave
                       error on relying upon the information contained in the aforesaid documents ig-
                       noring the fact that copies placed on record were not properly proved - As per the
                       scheme of the Consumer Protection Act, the consumer disputes are to be decided
                       summarily -  Therefore, technical rules of CPC and Evidence Act are not applica-
                       ble to the consumer cases provided the principles of natural  justice are followed -
                       Otherwise also, original of Ex. R-4 was submitted by wife of the deceased to the
                       Deputy Commissioner Fatehabad.

                         Diabetes Mellitus   -  Contention   that  even  if the  insured  was  suffering from
                       Diabetes Mellitus, it had no nexus with the heart problem which was cause of the
                       death -  We do not find merit in this contention - As per medical science, Diabetes
                       is a killer disease and if not properly controlled and cured it can result in hyper
                       tension as also lead to heart problem or failure of other organs.

                         NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
                         NEW DELHI

                         REVISION PETITION NO. 533 OF 2017

                         (Against the Order dated 11/11/2016 in Appeal No. 170/2015 of the State Com-
                       mission Haryana)

                          1. SONU
                          S/O.  LT.  SURESH  KUMAR,  R/O.  VILLAGE
                       BHUTHAN KALAN, TEHSIL AND
                          DISTRICT-FATEHABAD
                          HARYANA                                    ...........Petitioner(s)

                         Versus
                          1.  BIRLA  SUN  LIFE  INSURANCE  COM-
                       PANY LIMITED & 2 ORS.
                          THROUGH  ITS  BRANCH  OFFICE  ABOVE
                       CANARA  BANK,  MS.  AAKRITI  MANOCHA
                       ASSISTANT  MANAGER,  LEGAL,  G.T.  ROAD,
                       FATEHABAD
                          DISTRICT-FATEHABAD
                          HARYANA                                    ...........Respondent(s)





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