Page 59 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 59

Evidence - Lab reports – The report of the urine test of the deceased clearly
shows that he had tested positive for sugar and albumin which would indicate that
he was suffering from diabetes, and kidney failure - His Serum level was also high
- The State Commission had correctly concluded that if the Doctor‟s evidence is
not considered, the petitioner/ complainant had failed to rebut the laboratory re-
port which clinches the fact that the insured was diabetic as the urine sugar and
albumin had been shown abnormal values.

Evidence - Lab reports – Letter of doctor that no treatment given by him -
Survey report - Lab report placed on file that it was done on the reference of Dr
K, the same doctor who had first issued the certificate on 18.06.2010 that LA was
under his treatment - In the affidavit filed on behalf of the OP nos. 1 and 2 they
have submitted that the complaint was repudiated and the intimation sent to the
complainant on 12.07.2010 - The petitioner/ complainant kept silent till 2011 and
thereafter issued a legal notice. The petitioner thus kept silent for 11 months after
repudiation and got issued the notice obtained the second letter from the doctor
after a lapse of more than 1½ years after the death of the deceased stating that he
had not treated the deceased - The petitioner even in her notice dated 19.05.2011
was silent in regard to the certificate issued by the Doctor to the opposite party
and filed the complaint only after obtaining the letter from the Doctor - In his
cross examination the Doctor has admitted that he had kept no records of the
treatment given at his clinic - He could not produce the OPD Register, hence, it is
not clear on what basis he had issued the certificate on 07.06.2011 that life assured
had not taken treatment at his Nursing Home - While admittedly the certificate
dated 18.06.2010 certifying that Life Assured had taken treatment in his OPD was
based on the lab report dated 04.05.2009 which was conducted on his reference.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 3796 OF 2013

(Against the Order dated 12/07/2013 in Appeal No. 623/2012 of the State Com-
mission None)
1. KANCHARLA PADMAVATHI
W/O SRINIVASA RAO, MAADALA VIL-
LAGE, MUPPALLA MANDAL,
DISTRICT : GUNTUR
ANDHRA PRADESH ...........Petitioner(s)

Versus
1. SRIRAM LIFE INSURANCE CO. LTD. &
ANR. ...........Respondent(s)

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