Page 46 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 46

C.R.M. , REGIONAL OFFICE HOSHANGABAD
ROAD,BHOPAL

BE- HON'BLE MR. JUSTICE AJIT BHARIHOKE,PRESIDING
FORE: MEMBER
HON'BLE MR. ANUP K THAKUR,MEMBER

For the Peti-
tioner : Mr. Sanjeev Kumar Verma, Advocate

For the Respon-
dent : Ms. Manisha Tyagi, Advocate

Dated : 21 Sep 2017
ORDER
This revision is directed against the order of the State Commission, Madhya
th
Pradesh dated 4 December, 2012 in first appeal No.100 of 2011.
2. Undisputed facts relevant for the disposal of the revision petition are that
Mrs. Babita wife of the petitioner/complainant purchased a life insurance policy with
sum insured Rs.1,00,000/-. The insurance policy was issued on 28.11.1999 wherein
th
the date of commencement of risk was shown as 28 September, 1999. Wife of the
th
petitioner committed suicide on 9 October, 2002. The petitioner filed an insurance
claim. Insurance claim was, however, repudiated by the respondent in view of clause
4 (B) of the terms & conditions of the insurance policy which excludes the liability of
the insurance company to pay the insurance claim if the life assured commits suicide
before the expiry of three years from the date of the policy.
3. The District Forum on appreciation of pleadings and the evidence allowed
the complaint and directed as under: -
―OP insurance company after adjusting the earlier paid amount of Rs.24,440/-
(twenty four thousand four hundred forty only) to the complainant will pay the
remaining amount of Rs.75,560/- (seventy five thousand five hundred sixty only)
and bonus, if any, within one month.
Pay Rs.1,000/- (one thousand only) within one month for committing defi-
ciency in service by not paying the insured amount to the complainant.
Rs.500/- (rupees five hundred) is fixed as litigation expenses which is also
payable to the complainant by the OP within one month.‖
4. Being aggrieved of the order of the District Forum respondent/insurance
company preferred an appeal. The State Commission relying upon the judgment of
the National Commission in the matter of Life Insurance Corporation of India &vs.
Surat Mal Tak (2011) CTJ 265 (CP) (NCDRC) and the decision of Hon‘ble Supreme
Court in the matter of LIC of India & Anr. vs. Dharam Vir Anand (1998) 7 SCC
348 accepted the appeal, set aside the order of the District Forum and dismissed the
complaint. This has led to filing of the revision petition.
5. Learned counsel for the petitioner has contended that the impugned order of

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