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Suri’s - NCDRC ON LIFE INSURANCE 2017 52

Insurance Act, Section 45 - Material fact - Suffering from diabetes, hyperten-
sion etc. and getting treatment for ARF was a material fact which must be within
the knowledge of the deceased policy holder - It was, therefore, the bound duty of
the deceased to have disclosed these facts and for his failure to do so, he cannot
take advantage of section 45 of Insurance Act, on the ground that the death took
place after two years of obtaining the policy in question - Even after the lapse of
two years of taking the policy, it was necessary to disclose information about the
material facts before the Insurance Company.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

FIRST APPEAL NO. 545 OF 2015

(Against the Order dated 25/08/2014 in Complaint No. 5/2011 of the State Com-
mission Punjab)
1. SUNITA GOYAL
W/O. LATE SH. JAI BHAGWAN, NB-275,
LAXMI PURA JALANDHAR,
PUNJAB, ...........Appellant(s)

Versus
1. BAJAJ ALLIANZ LIFE INSURANCE
COMPANY LIMITED & 2 ORS.
THROUGH ITS MANAGING HEAD OF-
FICE, GE PLAZA, AIRPORT ROAD, YER-
AWADA,
PUNE-411006
MAHARASHTRA
2. BAJAJ ALLIANZ LIFE INSURANCE
COMPANY LTD.,
THROUGH ITS BRANCH MANAGER,
BRANCH OFFICE, 5TH FLOOR, GRAND
MALL, G.T. ROAD, LINES, NEAR DMC
CHOWK, JALANDHAR
PUNJAB
3. BAJAJ ALLIANZ LIFE INSURANCE
COMPANY LTD.,
THROUGH ITS SCO NO. 147, FEROZE
GANDHI MARKET, ...........Respondent(s)

INDEX