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Death Claim - Gbic.co.in

Death Claim - Gbic.co.in

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The <strong>in</strong>surance <strong>co</strong>mpany <strong>in</strong> their self-<strong>co</strong>nta<strong>in</strong>ed note stated that the death occurredwith<strong>in</strong> 1 month 4 days from the DOC and the repudiation was done on the ground of“Suppression of material facts”, which they found out from the <strong>in</strong>vestigation and writtenstatement of the <strong>co</strong>mpla<strong>in</strong>ant and her son.S<strong>in</strong>ce there were doubts about the evidence available and the reasons for repudiationof the claim, a hear<strong>in</strong>g was fixed. The <strong>co</strong>mpla<strong>in</strong>ant attended on the day of hear<strong>in</strong>gwhile no person represent<strong>in</strong>g the <strong>in</strong>surance <strong>co</strong>mpany attended on that day. There wasno letter seek<strong>in</strong>g adjournment from the <strong>in</strong>surance <strong>co</strong>mpany. This office proceeded withthe hear<strong>in</strong>g to f<strong>in</strong>d out exactly what happened before the death of the deceased.HEARING :On fil<strong>in</strong>g the claim papers, the <strong>in</strong>surance authorities <strong>in</strong>itiated the <strong>in</strong>vestigation of theclaim, as it was only 1 month 4 days old. They obta<strong>in</strong>ed 3 statements of the familymembers – Smt. Rajkumari Devi (wife), Shri Dileep Kumar (Son) and Shri RamawatarSah (Elder Brother) of the deceased. All of them mentioned treatment of ProstrateGland of the DLA 2 years before by a Homeopath Doctor from Muzaffarpur and thesame was fully cured. Ac<strong>co</strong>rd<strong>in</strong>g to the <strong>in</strong>surance authorities, all the 3 statements werewritten and certified to hav<strong>in</strong>g been read over, expla<strong>in</strong>ed and admitted by thedeclarant, by one Shri K.Chakraborty, Investigat<strong>in</strong>g Officer. The wife and the brothersigned it <strong>in</strong> H<strong>in</strong>di and the son signed <strong>in</strong> English.Dur<strong>in</strong>g the <strong>co</strong>urse of hear<strong>in</strong>g, when questioned about these documents, the<strong>co</strong>mpla<strong>in</strong>ant i.e., wife of the DLA stated that the <strong>in</strong>vestigat<strong>in</strong>g officer took some signedblank papers from them and re<strong>co</strong>rded what was mentioned <strong>in</strong> this certificate. Ac<strong>co</strong>rd<strong>in</strong>gto her, they did not know that the certificate <strong>co</strong>nta<strong>in</strong>ed the mention of the treatment ofone Prostate Gland by Dr. Ramji Dubey. Further, the <strong>in</strong>vestigat<strong>in</strong>g officer stated thatthe area was backward; there was poor accessibility to the village and there wasprevalence of Diarrhoea, heart attack and fever <strong>in</strong> the area. They also mentioned thatthe DLA was a respected person with no bad habits, hav<strong>in</strong>g perfectly normal health<strong>co</strong>ndition. The DLA was treated by Dr. S.K.S<strong>in</strong>ha and died <strong>in</strong> the doctor’s chamber. Thereport of the <strong>in</strong>vestigat<strong>in</strong>g team also mentioned about one certificate dated 29.05.05 ofDr. R. Dubey of Muzaffarpur that he did not remember any previous history oftreatment of the DLA <strong>in</strong> absence of any old prescription. They also re<strong>co</strong>mmended therelease of the policy claim to the claimant.Although the Homeopath Doctor Dr. R.Dubey was named <strong>in</strong> the <strong>in</strong>vestigation report andstatement of family members, no certificate or prescription from him was furnishedeither by the <strong>in</strong>surer or by the <strong>co</strong>mpla<strong>in</strong>ant. When the <strong>co</strong>mpla<strong>in</strong>ant was asked about theprescription, she stated that few years before the death, her husband took a neighbourwith him to the Doctor and actually the neighbour was suffer<strong>in</strong>g from Prostrate Glandproblem, which was cured by that doctor. It is natural that the DLA does not have anyprescription from the doctor.It was also found from the re<strong>co</strong>rd that the <strong>in</strong>surance <strong>co</strong>mpany not be<strong>in</strong>g satisfied by the<strong>in</strong>vestigation report, got another enquiry <strong>co</strong>nducted by Snippers India Ltd., whonegated the earlier report. However, they stated that the DLA had no moral hazards butmight have suffered from some old disease, hidden from his family members andneighbours. However, there was no documentary proof to substantiate it. It was alsofound that the <strong>in</strong>surer advised the proposer to undergo some tests viz., CBC, ESR,FBS, Cholesterol, HIV, Tele & ECG, but this office has not been furnished with anymedical test results, which was <strong>co</strong>nducted before accept<strong>in</strong>g the proposal. In theabsence of any representation from the <strong>in</strong>surance <strong>co</strong>mpany, this office was unable to<strong>co</strong>me to a <strong>co</strong>nclusion whether there was any adverse report from the medical tests.Decision :

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