Page 91 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 91

Dated : 28 Apr 2017
ORDER
APPEARED AT THE TIME OF ARGUMENTS
Ms. Reeva Gujral, Advocate with
For the Petitioner : Mr. Angshashish Chalia, Advocate

For the Respondents : ex-parte

th
PRONOUNCED ON:__28 April 2017

ORDER

PER DR. B.C. GUPTA, PRESIDING MEMBER
This revision petition has been filed under section 21(b) of the Consumer
Protection Act, 1986, against the impugned order dated 29.03.2012, passed by the
Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter
referred to as ―the State Commission‖) in First Appeal No. 49/2007, Max New York
Life Insurance Co. Ltd. vs. Gurmeet Kaur, vide which, while dismissing the appeal,
the order passed by the District Consumer Disputes Redressal Forum, Sangrur, dated
06.12.2006, in Consumer Complaint No. 303 dated 30.05.2006, filed by the com-
plainant Gurmeet Kaur, allowing the said complaint, was upheld.
2. Briefly stated, the facts of the case are that Gurmeet Kaur filed the consumer
complaint in question before the District Forum, saying that her late husband Jalaur
Singh purchased insurance policy from the opposite party (OP), Max New York Life
Insurance Co. Ltd. called Endow20, PAB & DD amounting to Rs. 1,52,728.00, Rs. 1
lakh and Rs. 1 lakh respectively on 22.03.2004 and nominated the complainant for the
insured amount. The said Jalaur Singh died on 26.07.2004 at Dayanand Medical Col-
lege & Hospital, Ludhiana due to liver damage. At the time of obtaining the policy,
the deceased did not suffer from any disease. He was examined by the approved doc-
tors of the OP Insurance Company as well, and found to be not suffering from any
health problems. The said Jalaur Singh was admitted in DMC Ludhiana on
22.06.2004, when he suffered from fever, cough, lungs problem etc. It was found that
his liver was in damaged condition. He underwent treatment at the said hospital, but
ultimately died on 26.07.2004. The complainant filed claim with the OP Insurance
Company in terms of the policy in question, but the same was repudiated by them
vide letter dated 20.09.2005, on grounds of material medical non-disclosure. The
complainant filed the consumer complaint in question, seeking directions to the OP to
pay an amount of Rs. 3,52,728.00 alongwith interest w.e.f. the date of death i.e.
26.07.2004 till realisation alongwith Rs. 50,000/- as compensation for mental harass-
ment and Rs. 5,500/- as litigation expenses.
3. The complaint was resisted by the OP Insurance Company by filing a written
statement before the District Forum, in which they stated that material information
about the health condition of the insured had been concealed and suppressed by the

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