Page 74 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 74

HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner : MR. ASHOK KASHYAP

For the Respondent NEMO
:

Dated : 08 Aug 2017
ORDER
JUSTICE V.K. JAIN, PRESIDING MEMBER

This revision petition is directed against the order of the State Commission dated
22.4.2016 whereby the appeal filed by the petitioner corporation against the order for
the District Forum dated 19.2.2015 came to be dismissed. This matter had earlier
travelled to this Commission by way of Revision Petition No.2423 of 2010 - LIC of
India Vs. Gian Singh decided on 17.10.2014. The facts of the case is outlined in the
aforesaid order are as under:
“1. Late Rakesh Kumar, son of the complainant, purchased an insurance pol-
icy from the petitioner-corporation on 05-06-2003 for an amount of
Rs.10,00,000/-. Rakesh Kumar died during currency of the aforesaid policy and a
claim was duly lodged with the petitioner-corporation. The claim was, however,
repudiated by the corporation primarily on the ground that instead of appearing
himself, the insured had produced some other person, for medical examination
and thereby a fraud was played upon the corporation.
4. The repudiation letter dated 25-03-2006, to the extent it is relevant for
our purpose reads as under:
“In this connection we have to further state that the life assured has
submitted the proposal dated 05-06-2003 along with medical report dated 10-06-
2003 in our branch office which resulted in policy No.173447447. We hold in dis-
putable proof to show that the life assured did not present himself before the
medical examiner at the time of medical examination himself before the medical
examiner at the time of medical examination on 10-06-2003 and presented some-
one else on his behalf. Hence, this is a case of impersonation to defraud the cor-
poration. The signatures of the person who was medically examined do not tally
with the signatures of Sri Rakesh Kumar on the proposal form.
It is therefore evident that it is a case of impersonation. The life assured
perpetuated a fraud on LIC of India by presenting someone else on his behalf for
medical examination on 10-06-2003 as he was not keeping good health as such we
have repudiated the above claim and accordingly we are not liable for any pay-
ment under the above policy and all moneys that have been paid in consequence
thereof belong to us.
5. It is an admitted case that despite the claim having been rejected on the
ground that the insured himself did not appear before the doctor for the purpose
of medical examination, no evidence was led by the complainant to prove that the
signature on the medical report dated 10-06-2003 were of the deceased-insured.
The petitioner-corporation obtained the opinion of the handwriting expert from

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