Page 136 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 136

any interference by this Commission in exercise of its revisional
jurisdiction. ...112

Fraud - Person other than the insured himself impersonated the insured
before the doctor at the time of the medical examination - Pursu-

ant to the order of this Commission dated 17.10.2014, the peti-

tioner corporation examined a handwriting expert before the Dis-
trict Forum to prove that the signatures on the proposal dated

5.6.2003 differed from the signatures on the medical report dated

10.6.2003, meaning thereby that the proposer himself had not ap-
peared before the doctor who medically examined him vide report

dated 10.6.2003 - In the absence of any handwriting expert from
the complainant, the expert opinion produced by the petitioner

corporation needs to be accepted and, therefore, it stands estab-
lished that a person other than the insured himself impersonated

the insured before the doctor at the time of the medical examina-

tion - The aforesaid impersonation obviously could not have been
possible without the insured himself being a party to it - The in-

surance policy, therefore, was obtained by playing a fraud - The
purpose of such impersonation obviously would be to rule out the

possibility of the doctor detecting the illness/disease from which
the insured might be suffering, during the course of the medical

check-up - The insurance policy having been obtained by playing

a fraud upon the insurer, the contract of insurance was voidable at
the option of the insurer. ...73

Fraud – Duty of state commission - Insured B - It has been stated that

the insured had taken treatment in Ghaziabad impersonating him-

INDEX