Page 151 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 151

Suppression of material facts - Complaint has not denied the finding of
the Respondent that insured was suffering from Thalassemia

since childhood - Merely contended that death of the deceased
was not due to Thalassemia - It has been correctly observed by

the State Commission in their impugned order that non-disclosure

of material facts by the deceased-insured, regarding his health at
the time filling up the proposal form renders the „Insurance Con-

tract void‟ . Held, ..........undisputedly the deceased—insured had

suppressed the material facts regarding his health from the Re-
spondent and did not mention these facts in the proposal form

while taking the insurance policy that he had been suffering from
Thalassemia since childhood and had been taking treatment for

that disease prior to the insurance policy. Hence, I have no hesi-
tation in holding that the deceased—insured, Sh. Sachin Chhabra,

had suppressed the material facts from the Respondent while tak-

ing the insurance policy in question. ...12
Vernacular – Sign in Telegu - It is transpired that the proposal form was

filled in English by the agent of insurance company and the sig-
nature of proposed insured was in vernacular language i.e. Te-

lugu. On its face, it appears that the insured is illiterate and he
was unable to put his signature properly. There is no medical re-

cord to prove that the OP was suffering from Asthma. The cause

of death was not known. He died during the sleep. There is no
evidence that the death was due to Asthma, which was mentioned

in the repudiation letter. ...77

INDEX