Page 58 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 58

14. It is a settled legal preposition that a contract of insurance is a contract of
good faith ‗uberrima fides‘. As stated by the Hon‘ble Supreme Court in ―Life Insur-
ance Corporation of India & Ors. vs. Asha Goel (Smt.) & Anr.‖ (supra), every mate-
rial fact must be disclosed otherwise, there is a good ground for rescission of the con-
tract.

15. Based on the discussion above, I do not find any illegality, irregularity or
jurisdictional error in the order passed by the State Commission, by which the con-
sumer complaint has been ordered to be dismissed on grounds of non-disclosure of
material facts about his health condition by the insured. More so, there is no valid
justification for the condonation of huge delay of 224 days in filing the present ap-
peal. This first appeal is, therefore, ordered to be dismissed both on grounds of limi-
tation and merits and the order passed by the State Commission is upheld. There shall
be no order as to costs.

......................
DR. B.C. GUPTA
PRESIDING MEMBER

INDEX