Death Claim - Gbic.co.in
Death Claim - Gbic.co.in
Death Claim - Gbic.co.in
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epresentative of the <strong>in</strong>surance <strong>co</strong>mpany defended the decision of repudiation of claimon the l<strong>in</strong>es mentioned above i.e., non-disclosure of material fact <strong>in</strong> the proposal form.Decision :The <strong>co</strong>mpla<strong>in</strong>ant was <strong>in</strong>formed that the revived policy was only 5 ½ months old and thatthe DLA was suffer<strong>in</strong>g from chronic diseases which was with<strong>in</strong> his knowledge whilesign<strong>in</strong>g the personal statement form and, therefore, it <strong>co</strong>uld be easily <strong>in</strong>ferred that hehad not disclosed the health <strong>co</strong>ndition <strong>in</strong> the personal statement even after hav<strong>in</strong>g theknowledge of the same. It was, therefore, held that there was suppression of materialfacts at the time of reviv<strong>in</strong>g the policy. Under these circumstances, we did not have anyother alternative but to agree with the decision of the <strong>in</strong>surance <strong>co</strong>mpany with regard torepudiation of the claim. The petition was dismissed without any relief to the<strong>co</strong>mpla<strong>in</strong>ant.Kolkata Ombudsman CentreCase No. : 172/24/001/L/06/06-07Shri Prabir Kumar BoseVsLife Insurance Corporation of IndiaAward Dated : 30.03.07Facts & Submissions :This petition was filed by the <strong>co</strong>mpla<strong>in</strong>ant Shri Prabir Kumar Bose for non-settlement ofclaim aris<strong>in</strong>g out of death of his father Late Jiban Krishna Bose, deceased life assured(DLA).The <strong>co</strong>mpla<strong>in</strong>ant was the nom<strong>in</strong>ee under policy no. 430937612 with DOC 07.02.1993.The life assured died on 27.02.1994, 1 year 20 days after the <strong>co</strong>mmencement of thepolicy. The <strong>co</strong>mpla<strong>in</strong>ant submitted the claim forms on 25.01.2005. As the claimrema<strong>in</strong>ed pend<strong>in</strong>g, this petition has been filed before this forum for relief.LICI stated that the life assured died of Cirrhosis of Liver at home after 1 year 20 daysof tak<strong>in</strong>g the policy and the nom<strong>in</strong>ee sent the claim forms on 18.01.2005, nearly 11years after death, date of death be<strong>in</strong>g 27.02.1994. There was no possibility of any<strong>in</strong>vestigation to be <strong>co</strong>nducted to determ<strong>in</strong>e the allowability of the claim.HEARING :Orig<strong>in</strong>ally a hear<strong>in</strong>g was fixed for 06.02.2007. The Petitioner did not attend but sent arepresentative who was not permitted to attend. Therefore, another hear<strong>in</strong>g was fixedfor 20.03.07 where both the Petitioner and the representatives of the <strong>in</strong>surance<strong>co</strong>mpany attended. The Petitioner was asked why the claim was made after 11 yearswhen the life assured died on 27.02.1994. Ac<strong>co</strong>rd<strong>in</strong>g to him, he sent a letter on03.09.1996 <strong>in</strong>form<strong>in</strong>g the death of his father. In response to this letter, the <strong>in</strong>suranceauthorities requested him to submit all the documents <strong>in</strong>clud<strong>in</strong>g the death certificate,etc. vide their letter dated 05.09.1996. He, however, stated that this letter was repliedonly on 27.09.2004 i.e., nearly 8 years later. He was asked why there was a delay <strong>in</strong>submitt<strong>in</strong>g these forms for 8 years. He stated that obta<strong>in</strong><strong>in</strong>g the death certificate tooklot of time and the same was issued to him only on 11.09.2004. He <strong>co</strong>uld not give anyreason for such <strong>in</strong>ord<strong>in</strong>ate delay.The representatives of the <strong>in</strong>surance <strong>co</strong>mpany defended their repudiation decision onthe ground that the claim was made after more than 10 years and that the medical