Page 42 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 42

Revival of policy - False declaration while obtaining revival of the insurance
policy - The policy was obtained on 08.11.1991, whereas its revival was obtained
on 29.1.1993 - Deceased was operated at Tata Memorial Hospital in or around
August, 1992, the declaration submitted by her while seeking revival of the insur-
ance policy on29.1.1993 was patently false since she did not disclose at that time
that she had been operated for breast cancer at Tata Memorial Hospital and she
claimed to be in a good state of health.

Medical record - Record of Hospital – Insurance company could not produce
the same since the said record was not traceable as informed by the hospital -
Even in his affidavit by way of evidence, the complainant did not claim that the
breast cancer was detected after the deceased had obtained the revival of her in-
surance policy on 29.1.1993 - He rather chose to altogether deny the treatment of
the deceased at Tata Memorial Hospital - No record of the treatment of the de-
ceased at Tata Memorial Hospital has been produced to prove that her treatment
in the aforesaid hospital was undertaken after 29.1.1993 - Perusal of the letter
dated 02.6.1997 sent by the complainant to the insurer would show that the treat-
ment of the deceased in August, 1992 was expressly admitted by him in the afore-
said letter- No record from the Tata Memorial Hospital or elsewhere has been
produced by the complainant to prove that the deceased has fully recovered after
her surgery at Tata Memorial Hospital in Mumbai. - No discharge summary has
been filed by him though such a summary is provided by every hospital to every
patient undergoing surgery as an Indoor Patient - Hold that the deceased was still
suffering from cancer at the time she obtained renewal of the insurance policy on
29.1.1993.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 2907 OF 2017

(Against the Order dated 13/07/2017 in Appeal No. 881/2002 of the State Com-
mission Uttar Pradesh)

1. ANIL KUMAR DUBEY
S/O. SRI NAGENDER KUMAR DUBEY, D-
304, PALI ROAD, SUSHANT CITY,
JODHPUR
RAJASTHAN ...........Petitioner(s)

Versus
1. BRANCH MANAGER / SENIOR DIVI-
SIONAL MANAGER, LIC OF INDIA & ANR. ...........Respondent(s)

INDEX