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Death Claim - Gbic.co.in

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establish that the LA failed to disclose about a previous policy for a high sum assuredof Rs. 1 lakh, the repudiation action was upheld and ac<strong>co</strong>rd<strong>in</strong>gly the <strong>co</strong>mpla<strong>in</strong>t wasdismissed without any relief.Hyderabad Ombudsman CentreCase No.L-21-009-0469-2006-07Sri I.Ramal<strong>in</strong>geswar RaoVsBajaj Allianz Life Insurance Co. Ltd.Award Dated : 30.03.2007Facts of the case & Decision:(Late) Smt. Itha Sathyavathi, a resident of Vijayawada obta<strong>in</strong>ed a policy bear<strong>in</strong>g no.10098354 for a sum assured of Rs.150000 under ‘Unit Ga<strong>in</strong>’ plan and paid a firstpremium of Rs.30,000.The policy <strong>co</strong>mmenced on 18.8.2005 and the LA died on22.3.2006.The <strong>co</strong>mpla<strong>in</strong>ant is the son of the LA and the nom<strong>in</strong>ee under the policy. TheLA died as a result of a sudden heart attack. As the LA died <strong>in</strong> about seven monthsfrom the <strong>co</strong>mmencement of the policy, the <strong>in</strong>surer enquired <strong>in</strong>to the bonafides of theclaim. As per their enquiries, the LA was known to be a diabetic for about three yearsbefore death. This <strong>in</strong>formation was given <strong>in</strong> the Last Medical Attendant certificateproduced by the claimant. The <strong>co</strong>mpla<strong>in</strong>ant also admitted to the fact of treatment of hismother for diabetes. The ma<strong>in</strong> <strong>co</strong>ntention of the <strong>in</strong>surer is that the LA did not discloseabout her medical history of diabetes <strong>in</strong> her proposal form dated 03.8.2005 andpleaded that they would not have issued the policy had there been a disclosure abouttreatment for diabetes.The <strong>co</strong>mpla<strong>in</strong>ant <strong>in</strong> his submission dur<strong>in</strong>g a personal hear<strong>in</strong>g session held on28.3.2007 stated that his mother used to take oral pills for diabetes and she neverfaced any problem with diabetes. He stated that her diabetes was well under <strong>co</strong>ntroland his mother was kept <strong>in</strong> dark by the agent about specific reply given to the relevantquestion <strong>in</strong> the proposal. He further mentioned that his mother was aged 58 years atthe time of policy issue and his mother signed on the dotted l<strong>in</strong>e as per the suggestionof the agent.After hear<strong>in</strong>g the arguments of both sides and after exam<strong>in</strong><strong>in</strong>g the papers produced, itbecame evident that the <strong>in</strong>surer succeeded <strong>in</strong> prov<strong>in</strong>g that the LA did not discloseabout her history of diabetes. Hence it was decided to uphold the rejection action andoffer refund of the first premium paid as ex gratia relief.Hyderabad Ombudsman CentreCase No.L-21-001-0470-2006-07Smt. P.SaradammaVsLife Insurance Corporation of IndiaAward Dated : 30.03.2007Facts of the case and Decision:The <strong>co</strong>mpla<strong>in</strong>t is about three policies taken on the life of (late) P.Nagabhushanam,Driver <strong>in</strong> APSRTC. Policy nos. 650292691; 650523409; 841852558 were taken underSSS. The policies <strong>co</strong>mmenced on 28.11.1190; 20.3.1995; 28.4.1998 respectively forRs.50000; 25000 & 10000.The LA was murdered on 23.6.2000 and LIC settled claimsonly for basic sum assured. Though the policies were <strong>co</strong>vered for accident benefit, LICrejected payment of AB on the plea that the LA was murdered <strong>in</strong> a faction feud. As perre<strong>co</strong>rd, the LA was <strong>in</strong>volved <strong>in</strong> another murder case and he was on a <strong>co</strong>nditional bail

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