Page 73 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 73

Fraud - Person other than the insured himself impersonated the insured be-
fore the doctor at the time of the medical examination - Pursuant to the order of
this Commission dated 17.10.2014, the petitioner corporation examined a hand-
writing expert before the District Forum to prove that the signatures on the pro-
posal dated 5.6.2003 differed from the signatures on the medical report dated
10.6.2003, meaning thereby that the proposer himself had not appeared before the
doctor who medically examined him vide report dated 10.6.2003 - In the absence
of any handwriting expert from the complainant, the expert opinion produced by
the petitioner corporation needs to be accepted and, therefore, it stands estab-
lished that a person other than the insured himself impersonated the insured be-
fore the doctor at the time of the medical examination - The aforesaid impersona-
tion obviously could not have been possible without the insured himself being a
party to it - The insurance policy, therefore, was obtained by playing a fraud -
The purpose of such impersonation obviously would be to rule out the possibility
of the doctor detecting the illness/disease from which the insured might be suffer-
ing, during the course of the medical check-up - The insurance policy having been
obtained by playing a fraud upon the insurer, the contract of insurance was void-
able at the option of the insurer.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 2319 OF 2016

(Against the Order dated 22/04/2016 in Appeal No. 410/2015 of the State Commis-
sion Haryana)
1. LIFE INSURANCE CORPORATION OF IN-
DIA
THROUGH ASSISTANT SECRETARY (LE-
GAL), C.O. LEGAL CELL (LICI), H-39, NEW
ASIATIC BUILDING FIRST FLOOR, CON-
NAUGHT PLACE,
NEW DELHI ...........Petitioner(s)

Versus
1. GIAN SINGH
C/O. MUNIM, VISHAL NAGAR, GALI NO. 3,
PETROL PUMP, WALI GALI NEAR SHIV
MANDIR,
SONIPAT
HARYANA ...........Respondent(s)

BEFORE:

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