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Life Insurance - Gbic.co.in

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The <strong>co</strong>mpla<strong>in</strong>t under all 3 policies was allowed. In view of technological advancements, LICwas advised to take IT <strong>in</strong>itiatives for ascerta<strong>in</strong><strong>in</strong>g position of previous policies on their own.Chennai Ombudsman CentreCase No. IO (CHN) / 21.01.2248 / 2004 - 05Smt. Uma AshokVs.<strong>Life</strong> <strong>Insurance</strong> Corporation of IndiaAward Dated 08.03.2005The <strong>co</strong>mpla<strong>in</strong>t from Smt. Uma Ashok is aga<strong>in</strong>st repudiation of claim for full sum assuredwith bonuses under 4 policies on the life of her husband Late S. Ashok for supprssion ofmaterial <strong>in</strong>formation <strong>in</strong> the proposals for <strong>in</strong>surance that the life assured was a knowndiabetic for 10 years and he was also a Chronic Al<strong>co</strong>holic as per hospital re<strong>co</strong>rds. LIC hadoffered to settle paid up value under the first 3 policies.A hear<strong>in</strong>g was held. The <strong>co</strong>mpla<strong>in</strong>ant agreed that her husband was a diabetic and al<strong>co</strong>holicbut there was no <strong>in</strong>tention on the part of life assured to suppress any material <strong>in</strong>formationwith <strong>in</strong>tention to cheat LIC s<strong>in</strong>ce her husband was never hospitalised and his blood sugarwas well under <strong>co</strong>ntrol. Insurer relied upon Certificate from hospital that the life assuredwas a diabetic / al<strong>co</strong>holic prior to revival. Insurer stated that while tak<strong>in</strong>g the 4th policy of<strong>in</strong>surance, the life assured did not disclose about his previous lapsed policies and had thesame been disclosed, LIC would not have granted a fresh <strong>in</strong>surance at all.The re<strong>co</strong>rds perused revealed that there was no evidenc other than the mortality summaryissued after death of the life assured stat<strong>in</strong>g that the life assured was an al<strong>co</strong>holic /diabetic. The sugar read<strong>in</strong>gs were normal <strong>in</strong>dicat<strong>in</strong>g that his diabetes was well under<strong>co</strong>ntrol. Hence the repudiation decision under first 3 policies on ground of fraudulentsuppression was not held proved as per the stipulation of Section 45. so far as 4th policywas <strong>co</strong>ncerned, it was held that there was material suppession by non-disclosure of hisprevious policies, which were also <strong>in</strong> a lapsed <strong>co</strong>ndition.The <strong>co</strong>mpla<strong>in</strong>t under first 3 policies for full sum assured plus bonuses allowed. The<strong>co</strong>mpla<strong>in</strong>t under the last policy was rejected by uphold<strong>in</strong>g of repudiation decision.Chennai Ombudsman CentreCase No. IO (CHN) / 21.07.2453 / 2004 - 05Smt. S. MalaVs.<strong>Life</strong> <strong>Insurance</strong> Corporation of IndiaAward Dated 08.03.2005Smt. S. Mala has represented to this Forum aga<strong>in</strong>st repudiation of death claim under thepolicy on the life of her son Late S. Valathy and the offer of LIC to settle Rs. 25,000/- asEx-gratia sum aga<strong>in</strong>st her claim for full sum assured of Rs. 50,000/- plus bonus andaccident benefit. The repudiation was on the ground that the life assured had physicaldeformity <strong>in</strong> his right hand which he did not disclose at the time of proposal for <strong>in</strong>surance.A hear<strong>in</strong>g was held. Documentary evidence perused. The Insurer <strong>co</strong>ntended as per FIR andPolice Inquest Report, the life assured had deformity <strong>in</strong> his hand, result<strong>in</strong>g <strong>in</strong> his gett<strong>in</strong>gdrowned <strong>in</strong> a river. Had the same been disclosed, LIC would have charged an extrapremium. The <strong>co</strong>mpla<strong>in</strong>ant <strong>co</strong>ntended that the Police <strong>in</strong> an attempt to shield illegal sandquarry<strong>in</strong>g mafia closed the file of her son’s death as due to physical deformity. Actually herson died hav<strong>in</strong>g been caught <strong>in</strong> a whirlpool formed due to gap<strong>in</strong>g holes left <strong>in</strong> the riiverbeddue to <strong>in</strong>discrim<strong>in</strong>ate sand m<strong>in</strong><strong>in</strong>g. She stated that though her son had a stunted growth ofhis right hand, the same was not externally visible and he was carry<strong>in</strong>g on all his dutieswith both his hands and was also employed <strong>in</strong> a local school as peon. She produced presscutt<strong>in</strong>g cit<strong>in</strong>g the hazards of illegal sand m<strong>in</strong><strong>in</strong>g caused <strong>in</strong> the riverbed. Photographs of herson were also produced to v<strong>in</strong>dicate the stand that her son had no physical deformity.

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