Page 135 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3
P. 135

Suri’s - NCDRC ON LIFE INSURANCE 2017                    135



                              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 photocopies filed by the

                              insurer were supplied by the said hospital and were true and cor-
                              rect copies of the record of treatment of the deceased insured  -

                              In fact, as noticed by the State Commission, the photocopies pro-

                              duced by the petitioner company were not even authenticated or
                              certified by any official of the hospital - Even the affidavit of the

                              person who allegedly collected these photocopies from the hospi-
                              tal was not filed -   Since the complainant had denied the alleged

                              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 company filed before the

                              District Forum in support of its case -  In the absence of any such
                              evidence, mere production of some unattested, unverified and un-

                              authenticated photocopies, could not have been the basis of hold-
                              ing that the deceased 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

                              concurrent  findings  of  the  fora  below  therefore,  do  not  call  for




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