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Death Claim - Gbic.co.in

Death Claim - Gbic.co.in

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Therefore, the view taken by the LICI as per the ‘official note’ prepared that the DLAsusta<strong>in</strong>ed head <strong>in</strong>jury caused by sudden fall due to <strong>co</strong>nvulsive disorder has substance.It is also established by the documents produced by the LICI that DLA was an ail<strong>in</strong>gperson before DOC of the policy but there was no mention of these suffer<strong>in</strong>gs ordiseases <strong>in</strong> the <strong>co</strong>nnected part of the proposal forms submitted by DLA.Unfortunately, the proposal forms disclose that all the questions regard<strong>in</strong>g ‘PersonalHistory’ were answered <strong>in</strong> negative (except<strong>in</strong>g one where the state of health has beenmentioned as ‘Good’), refer answer to question no.11 of the proposal forms. Health<strong>co</strong>ndition is an important material for the <strong>in</strong>surer to take decision <strong>in</strong> the underwrit<strong>in</strong>gand ac<strong>co</strong>rd<strong>in</strong>gly, it has got serious implications for which any omission or <strong>co</strong>mmissionthere<strong>in</strong> cannot be overlooked. Convulsion as per medical dictionary is a violent<strong>in</strong>voluntary <strong>co</strong>ntraction or series of <strong>co</strong>ntractions of the voluntary muscles and disorderis a derangement or abnormality of function etc. Therefore, <strong>co</strong>nvulsion disorder is aserious disease and needs to be mentioned <strong>in</strong> order to know the actual health <strong>co</strong>nditionof the proposer at or dur<strong>in</strong>g time of submission of proposal for procurement of policy.In this <strong>co</strong>ntext, we f<strong>in</strong>d that dur<strong>in</strong>g a service career the DLA availed both privilegeleaves and sick leaves and sometimes extend<strong>in</strong>g over 37 days. (from 9/4/98 to 15/5/98due to <strong>co</strong>nvulsive disorder).We also observe that the policy duration <strong>in</strong> these cases were 2 years 8 months 18 daysand 1 year 9 months 21 days respectively procured <strong>in</strong> <strong>co</strong>nsecutive years of 2000 and2001, although the DLA was <strong>in</strong> service from 1997 onwards, if not from earlier period,as per available datas which <strong>co</strong>ntradicts the statement of the <strong>co</strong>mpla<strong>in</strong>ant <strong>in</strong> her<strong>co</strong>mpla<strong>in</strong>t where it is stated that the DLA ‘discharged his duty without any absencefrom his work’. In the result, we don’t f<strong>in</strong>d any strong ground to <strong>in</strong>terfere with thedecision arrived at by the <strong>in</strong>surer.In view of the discussions aforesaid, the matter stands closed.Guwahati Ombudsman CentreCase No. : 21/01/076/L/06-07/GHY.Smt. Sarita AgarwallaVsLife Insurance Corporation of IndiaAward Dated : 31.01.2007Facts (Statements and <strong>co</strong>unter statements of the parties)The <strong>co</strong>mpla<strong>in</strong>ant is the wife of the Deceased Life Assured (DLA) who purchased thepolicy (the particulars of which is noted above) vide proposal (DOC dated 28/02/2000)and it is stated by the <strong>co</strong>mpla<strong>in</strong>ant that the DLA died on 6th December, ’03. That theLICI issued discharge voucher for Rs.2,49,200/- <strong>in</strong> December, 2003 but thereafter isnot respond<strong>in</strong>g to the queries regard<strong>in</strong>g the full and f<strong>in</strong>al settlement of the death-claimlodged.The Branch Manager of Moran Branch Office of LICI vide his letter dated 25.09.06stated that the Divisional Office Jorhat has repudiated the claim on 31/07/04 but the<strong>co</strong>nnected file/re<strong>co</strong>rd of the claim case was miss<strong>in</strong>g.Decisions & ReasonsCorrespondences were made unfortunately with negative results to get the self<strong>co</strong>nta<strong>in</strong>ednote from the LICI. Although it is stated <strong>in</strong> the <strong>co</strong>mpla<strong>in</strong>t that 4 yearspremiums have been paid by the DLA, <strong>in</strong> support thereof no documents or <strong>co</strong>py of thepremium receipts etc. or any other documents have been filed by the <strong>co</strong>mpla<strong>in</strong>ant. Theclear ground of repudiation is also not available from the <strong>co</strong>ncerned Divisional Office or

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