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Suri’s - NCDRC ON LIFE INSURANCE 2017 95

Non-disclosure of the other insurance policies - Does not fall within the ambit
of Section 45 of the Insurance Act, as the concealment was neither wilful nor
fraudulent – On facts the Agent himself admitted that it is the normal practice
that in non medi-claim policies, the question regarding existence of other insur-
ance policies is not asked and that he himself had filled the proposal form - By no
stretch of imagination it can be held to be a material fact fraudulently suppressed,
entitling the Insurance Company to repudiate the claim on the stated ground –
Material fact.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI

REVISION PETITION NO. 4204 OF 2011

(Against the Order dated 14/10/2011 in Appeal No. 1753/2010 of the State Commis-
sion Gujarat)
1. AVIVA LIFE INSURANCE CO. LTD. & ORS.
Regd Office at 2nd floor, Prakashdeep Building, 7
Tolstoy Marg
New Delhi - 110 001
Delhi
2. Branch Manager, Aviva Life Insurence Co Ltd.,
201-202 Near Mahalaya Preisident Hotel, CG
RoadNavrangpura
Ahmedabad -380009
Gujarat
3. Anishbhai Dhirajbhai Vyas,
Aviva Life Insurence Co Ltd., 174, Old LIG An-
andnagar
Bhavnagar
Gujarat ...........Petitioner(s)

Versus
1. REKHABEN RAMJIBHAI PARMAR
W/o Late Ramjibhai Parashotambhai Parmar, R/o
Adodiya Vas Vistar, Chamarvas, Tilaknagar
Bhavnagar
Gujarat ...........Respondent(s)

BEFORE:

INDEX