Page 124 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 124

Material fact - An information which would influence the decision of the
insurer as to whether it should accept the proposal or not and whether it
should grant the insurance policy or not, would be a material fact, which a
person seeking to obtain an insurance policy must necessarily disclose to the
insurer that he had undergone a surgery in April 2005 - Had he disclosed the
said information, the insurer might or might not have accepted the proposal
submitted by him - The insurer might also have asked him to undergo addi-
tional investigations in order to verify the state of his health and the risk to his
life on account of the surgery he had undergone in April 2005 - It could also
have asked for a higher premium, on account of the insured having undergone
the aforesaid surgery - Since the insured withheld the aforesaid material fact
from the insurer while applying for the insurance policy, the insurer was fully
justified in rejecting the claim on account of the aforesaid concealment.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 3239 OF 2016

(Against the Order dated 16/08/2016 in Appeal No. 274/2016 of the State Com-
mission Uttar Pradesh)
1. SAVITRI SINGH
W/O. SH. HARIDAYA NARAIN SINGH,
R/O. 6/202, VINEET KHAND, GOMTI NAGAR,
LUCKNOW
UTTAR PRADESH ...........Petitioner(s)

Versus
1. BAJAJ ALLIANZ LIFE INSURANCE CO.
LTD.
THROUGH ZONAL MANAGER LEGAL,
4TH FLOOR, HABIBULLAH ESTATE, HAZ-
RATGANJ,
LUCKNOW
UTTAR PRADESH ...........Respondent(s)

BE-
FORE:
HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Peti- Mr. Rajinder Dhar, Advo-
tioner :

INDEX