Page 143 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 143

Nursing home for general observation, treatment or operation -
The record from National Institute of Mental Health and Neuro

Sciences Bangalore would show that the deceased had sustained
injury of LS spine and had taken treatment for the said injury in

the aforesaid hospital - Therefore, it is obvious that a false an-

swer was given by him in the proposal form when he denied hav-
ing been admitted to any hospital for treatment or operation –

Claim rightly repudiated. Held, The learned counsel for the

petitioner has also drawn my attention to additional affidavit filed
by the petitioner Corporation. In the said affidavit, it is stated

that as per the new business underwriting guidelines which were
being followed during the relevant period, in the case of an occa-

sional consumer consuming alcohol, the would have obtained
physicians report, besides investigations such as SGOT, SGPT

and GGTP. All the aforesaid investigations pertain to the state of

health of the liver. Had the petitioner disclosed in the proposal
form that he had been taking liquor he would have been subjected

to physical examination by a physician and would also have been
investigated for ascertaining the state of his liver by undergoing

investigations such as SGOT, SGTP and GGTP. It is therefore
evident that the deceased had made a material concealment from

the petitioner Corporation with respect to the state of his health

which influenced advantage of the insurer on the question as to
whether the proposal for insurance should be accepted or not. On

this ground also, the repudiation of the claim was fully justified.

...17

INDEX