Page 112 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 112

Evidence – Photo copies - Evidence in appeal - Plea the insured was an al-
coholic and was diagnosed with alcohol lever disease and its complications,
based upon certain photocopies of the record purporting to be a Government
Medical College & Hospital, Chandigarh in respect of the deceased - It is an
admitted position that no doctor who may have treated or examined the in-
sured in Government Medical College & Hospital, Chandigarh was produced
before the District Forum to prove that the deceased was an alcoholic and was
diagnosed with alcohol lever disease and its complications - Admittedly, no
official from the aforesaid hospital was produced to prove that the photocop-
ies filed by the insurer were supplied by the said hospital and were true and
correct copies of the record of treatment of the deceased insured - In fact, as
noticed by the State Commission, the photocopies produced by the petitioner
company were not even authenticated or certified by any official of the hospi-
tal - Even the affidavit of the person who allegedly collected these photocopies
from the hospital was not filed - Since the complainant had denied the al-
leged alcoholism and ailment of the insured, it was obligatory for the insurer
to either produce the doctor who had allegedly treated him in the hospital or
to file his affidavit - Alternatively, it could have examined an official of the
hospital to prove the authenticity of the photocopies which the petitioner com-
pany filed before the District Forum in support of its case - In the absence of
any such evidence, mere production of some unattested, unverified and unau-
thenticated photocopies, could not have been the basis of holding that the de-
ceased was an alcoholic and was diagnosed with alcohol liver disease and its
complications - No application for producing additional evidence was filed by
the petitioner before the State Commission, despite losing before the District
Forum - No such application is filed with this Revision Petition - The con-
current findings of the fora below therefore, do not call for any interference
by this Commission in exercise of its revisional jurisdiction.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 1257 OF 2017

(Against the Order dated 02/02/2017 in Appeal No. 91/2012 of the State Commis-
sion Rajasthan)
1. BIRLA SUN LIFE INSURANCE CO. LTD.
& ANR.
THROUGH ITS MANAGING DIRECTOR
6TH FLOOR, VAMAN CENTRE MAKWANA
ROAD OPP. ANDHERI KURLA ROAD, MA- ...........Petitioner(s)

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