Page 43 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 43

CARRIER AGENT BRANCH 3/152-A,
DHAULPUR HOUSE M.G. MARG
AGRA
UTTAR PRADESH
2. REGIONAL MANAGER, LIFE INSUR-
ANCE CORPORATION OF INDIA
AGRA DIVISION SANJAI PLACE, M.G.
MARG,
AGRA
UTTAR PRADESH

BE-
FORE:
HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For
the Peti- Mr. Sunil Satyarthi, Advocate
tioner :

For the Respon- BRANCH MANAGER / SENIOR DIVISIONAL MAN-
dent : AGER, LIC OF INDIA & ANR.

Dated : 12 Oct 2017
ORDER
Late Smt. Shiva Dubey wife of the complainant / respondent obtained an insur-
ance policy from the respondent on 08.11.1991. She having expired on 17.9.1993 a
claim in terms of the policy was submitted by the petitioner / complainant to the re-
spondent. The claim having not been paid, he approached the concerned District Fo-
rum by way of a consumer complaint.
2. The complaint was resisted by the insurer which pointed out that the policy
issued to the deceased having lapsed in May, 1992, a declaration form was submitted
by her on 29.1.1993, declaring her to be in a good state of health and thereafter the
policy was renewed. It was further stated in the written version filed by the respon-
dent that the deceased was suffering from breast cancer for which she was operated at
Tata Memorial Hospital in August, 1992, but despite the said disease she had submit-
ted a false declaration while obtaining revival of the insurance policy. It was for this
reason that the insurance claim was rejected vide letter dated 03.2.1999.
3. The District Forum having ruled in favour of the complainant, the respon-
dent LIC of India approached the concerned State Commission by way of an appeal.
Vide impugned order dated 13.7.2017, the State Commission allowed the said appeal
holding that the deceased was suffering from breast cancer at the time she obtained
revival of the policy and that she had submitted a false declaration form for the pur-
pose of obtaining the revival. Being aggrieved from the order passed by the state

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