Death Claim - Gbic.co.in
Death Claim - Gbic.co.in
Death Claim - Gbic.co.in
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20.4.2005 and the LA was engaged <strong>in</strong> hotel bus<strong>in</strong>ess. He was 54 years old and thepolicy was taken or a 25 year term. The LA died on 25.2.2006 and cause of deathreported to the <strong>in</strong>surer was for natural reasons. The <strong>co</strong>mpla<strong>in</strong>ant is the nom<strong>in</strong>ee underthe policy and she raised the present <strong>co</strong>mpla<strong>in</strong>t before this office after refusal of herclaim by the <strong>in</strong>surer through their letter dated 19.7.2006. Section 45 of the InsuranceAct, 1938 is not applicable. A personal hear<strong>in</strong>g session was held on 24.1.2007 atHyderabad and both sides attended the session.The LA died <strong>in</strong> about 10 months time and the policy was issued under non-medicalscheme. As per evidence secured by the <strong>in</strong>surer, the LA had undergone ECG test on14.1.2002 and he was shown to be of 70 years old at that time. The <strong>in</strong>surer produced a<strong>co</strong>py of Health Card from SSH Dispensary dated 7.2.2001, where<strong>in</strong> the LA was shownas 75 years old and was stated to have been treated from 14.2.2005 to 20.2.2005.The <strong>co</strong>mpla<strong>in</strong>ant <strong>co</strong>ntended that her husband visited a doctor on 14.11.2002 becauseof body pa<strong>in</strong>s. He had undergone ECG as suggested by the doctor and no problem wasnoticed <strong>in</strong> the ECG. In the month of 04/2005, the LA <strong>co</strong>nsulted a Homeo doctor forknee pa<strong>in</strong>s, which was a m<strong>in</strong>or problem. She <strong>co</strong>ntended that there was nounderstatement of age of the LA and there was no history of treatment for any disease.After personal hear<strong>in</strong>g session and after exam<strong>in</strong><strong>in</strong>g various papers submitted by bothsides, it was felt that the <strong>in</strong>surer has not proved <strong>in</strong> a <strong>co</strong>nv<strong>in</strong>c<strong>in</strong>g manner aboutsuppression of material <strong>in</strong>formation. As the <strong>in</strong>surer <strong>co</strong>uld not produce any substantialevidence to prove their po<strong>in</strong>t, the <strong>co</strong>mpla<strong>in</strong>t was admitted and the <strong>in</strong>surer was asked topay benefits under the policy.Hyderabad Ombudsman CentreCase No.L-21-001-0380-2006-07Smt. M.RavanammaVsLife Insurance Corporation of IndiaAward Dated : 31.01.2007Facts of the Case and Decision:(Late) M. Malli Babu S/o Bapanna obta<strong>in</strong>ed a policy no.693403757 for a sum assuredof Rs.1 lakh from Rajam branch of LIC. The policy was taken under ‘jeevan Anand’ plan(T-149-16) with a half yearly premium of Rs.4285.00 and the <strong>co</strong>mmencement date was26.3.2004. The LA died on 22.5.2005 due to renal failure. As death claim occurredwith<strong>in</strong> a period of one year, LIC enquired <strong>in</strong>to the bonafides of the claim and repudiatedthe claim vide their letter dated 31.3.2006. The claim was rejected stat<strong>in</strong>g that the LAunderstated his age at the time of proposal and did not disclose <strong>in</strong>formation aboutprevious <strong>in</strong>surance policies while propos<strong>in</strong>g for the present policy.A personal hear<strong>in</strong>g session was held on 24.1.2007 at Hyderabad and both sides werepresent and submitted their <strong>co</strong>ntentions. The <strong>in</strong>surer <strong>co</strong>ntended that dur<strong>in</strong>g the <strong>co</strong>urseof their <strong>in</strong>vestigations, they came to know that the LA had a previous policy bear<strong>in</strong>gno.690342135 for Rs.60,000 and it matured on 28.3.2005. As per the old policy, the LAwas born on 1.12.1943, while the DOB declared under the present policy was 1.7.57.They <strong>co</strong>ntended that there was a clear understatement <strong>in</strong> age by 14 years and allegedthat the LA made a deliberate understatement to <strong>co</strong>mmit a fraud on them.The <strong>co</strong>mpla<strong>in</strong>ant <strong>co</strong>ntended that she was not aware of the previous policy as thematurity value was claimed by the LA dur<strong>in</strong>g his life time. She claimed that herhusband was given the present policy based on a voter identity card, which is a valid