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Life Insurance - Gbic.co.in

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Smt. Lalitha @ LalliVs.<strong>Life</strong> <strong>Insurance</strong> Corporation of IndiaAward Dated 21.10.2004Late Manokaran took policy for Rs. 50,000/- with effect from 15.3.1998 and nom<strong>in</strong>ated hiswife Smt. Lalitha @ Lalli. The policy lapsed due to non-payment of premiums and wasrevived thrice - once <strong>in</strong> 2000 and twice <strong>in</strong> 2001 on the strength of declaration of goodhealth by the life assured. The life asured died on 11.4.2002 due to HIV. The claim wasrepudiated by LIC for wilful suppression of material <strong>in</strong>formation at the time of revivals,which decision was also upheld by Zonal Claims Review Committee on appeal by theclaimant. Hence the present <strong>co</strong>mpla<strong>in</strong>t.Parties of the dispute were heard <strong>in</strong> person and the re<strong>co</strong>rds perused. The MedicalCertificates issued by the Doctors of a Govt. Sanatorium produced by the life assured tohis employer did evidence that the life assured had undergone almost <strong>co</strong>nt<strong>in</strong>uous treatmentfor Pulmonary Tuberculosis s<strong>in</strong>ce 2000. The Medical Attendant’s Certificate certify<strong>in</strong>g thecause of death as HIV <strong>co</strong>nfirmed that the life assured had received certify<strong>in</strong>g the cause ofdeath as HIV <strong>co</strong>nfirmed that the life assured had received treatment at TB Sanatorium. Thedetails of treatment underwent prior to revival, were not disclosed to the Insurer at the timeof revival and hence it was held that there was suppression of wilful material <strong>in</strong>formationwith knowledge on the basis of evidence on re<strong>co</strong>rd. Evidence was also placed on thepr<strong>in</strong>ciples laid down by Courts of law that revivial of a lapsed policy was a privilegeac<strong>co</strong>rded to the policyholder subject to certa<strong>in</strong> limitations.The decision to repudiate the claim sett<strong>in</strong>g aside the revivals was upheld and the <strong>co</strong>mpla<strong>in</strong>tdismissed.Chennai Ombudsman CentreCase No. IO (CHN) / 21.05.2282 / 2004 - 05Smt. SanthiVs.<strong>Life</strong> <strong>Insurance</strong> Corporation of IndiaAward Dated 21.10.2004Late K. Raju took a LIC policy for Rs. 20,000/- on 28.2.2003 and nom<strong>in</strong>ated his wife Smt.Santhi thereunder. He died on 10.4.2003 due to Bronchial Asthma and Heart Disease. Theclaim for policy monies was repudiated by LIC. giv<strong>in</strong>g rise to the present <strong>co</strong>mpla<strong>in</strong>t.Parties to the dispute were heard and the re<strong>co</strong>rds of the case perused. The <strong>co</strong>mpla<strong>in</strong>antma<strong>in</strong>ly <strong>co</strong>ntended that LIC had failed to <strong>co</strong>nsider a letter of the treat<strong>in</strong>g Doctor obta<strong>in</strong>edand produced to LIC <strong>co</strong>rrect<strong>in</strong>g the duration of illness to Asthma from one year to onemonth. The treat<strong>in</strong>g Doctor did issue a certificate that he was the usual medical attendantand that he had been treat<strong>in</strong>g him for Asthma the past one year. But no support<strong>in</strong>g re<strong>co</strong>rdsevidenc<strong>in</strong>g treatment for Asthma for the past one year <strong>co</strong>uld be produced by the Insurer.Even Accept<strong>in</strong>g that the life assured had an attack of Acute Bronchial Asthma, it <strong>co</strong>uldhave been only an isolated attack and the chronicity of the ailment was not held proved, <strong>in</strong>the absence of full particulars of the treatment underwent. The leave re<strong>co</strong>rds of the lifeassured were clear <strong>in</strong> that there was no medical leave availed. It was held that the Insurerhad failed to prove material suppression with irrefutable evidence.The repudiation decision was <strong>in</strong>terfered with and the <strong>co</strong>mpla<strong>in</strong>t allowed.Chennai Ombudsman CentreCase No. IO (CHN) / 21.05.2199 / 2004 - 05Smt. B. MalligaVs.<strong>Life</strong> <strong>Insurance</strong> Corporation of IndiaAward Dated 21.10.2004

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