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Death Claim - Gbic.co.in

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adhikar ewam R<strong>in</strong> pustika ” for Agriculture land Rakba- 0.433. Hence the <strong>co</strong>ntention ofthe Respondent that the DLA was not hav<strong>in</strong>g any <strong>in</strong><strong>co</strong>me is not acceptable.The Respondent <strong>co</strong>uld not submit any evidence to prove that the DLA was sick prior topolicy <strong>in</strong> question as well as it is also not acceptable that the DLA was not hav<strong>in</strong>g sortof <strong>in</strong><strong>co</strong>me. Further, no malafide <strong>in</strong>tention of DLA is found <strong>in</strong> tak<strong>in</strong>g the policy <strong>in</strong>question.In view of the circumstances stated above, I am of the <strong>co</strong>nsidered op<strong>in</strong>ion that therepudiation of death claim by the Respondent on this ground stated above is unfair andunjustified.Hence, the Respondent is directed to pay the death claim amount under Policy No.344481789 with<strong>in</strong> 15 days of receipt of this order fail<strong>in</strong>g which the Respondent shall beliable to pay further <strong>in</strong>terest at the rate of 9% per annum from the date of this Order tillthe date of actual payment.Bhopal Ombudsman CentreCase No.: LI-1100-21/11-07/GWLShri Dhan Sunder JatavVsLife Insurance Corporation of IndiaAward Dated : 14.02.2007Shri Dhan Sunder Jatav, resident of Gram Bhageh, Tahsil Dabra District Gwalior M.P.(here<strong>in</strong>after called Compla<strong>in</strong>ant) is the son of late Smt. Beti Bai Deceased Life Assured(<strong>in</strong> short DLA). The DLA took a life <strong>in</strong>surance policy numbered 201247225 from LIC ofIndia, DO: Gwalior, BO- Dabra (here<strong>in</strong>after called Respondent) on 28.10.2004 for SumAssured of 50,000/- under Table/Term: 14-15. The DLA died on 18-03-2005 due toVomitt<strong>in</strong>g and loose motion. The <strong>co</strong>mpla<strong>in</strong>ant has <strong>co</strong>mpla<strong>in</strong>ed that he had preferreddeath claim with the Respondent but the same was repudiated on the grounds ofunderstatement of age by DLA at the time of tak<strong>in</strong>g the policy <strong>in</strong> question. Further thecase was referred to the <strong>Claim</strong> Review Committee at LIC Zonal Office Bhopal. The ZOCRC <strong>in</strong> its meet<strong>in</strong>g upheld the DO decision of repudiation on 01-11-2006. Aggrievedfrom the repudiation action of the Respondent, the Compla<strong>in</strong>ant has lodged a <strong>co</strong>mpla<strong>in</strong>twith this Office seek<strong>in</strong>g directions to Respondent to settle the claim.The <strong>co</strong>mpla<strong>in</strong>t was registered & necessary forms were issued to both the parties.Replies were received from both the parties.The Respondent vide its self-<strong>co</strong>nta<strong>in</strong>ed note dated 18.12.06 replied that the DLA wasof 63 years age <strong>in</strong>stead of 50 years mentioned by her <strong>in</strong> the proposal form and she wasresponsible for understat<strong>in</strong>g her age by 13 years. Further she was suffer<strong>in</strong>g fromparalysis s<strong>in</strong>ce last three years prior to the date of proposal for <strong>in</strong>surance. Had shedisclosed her actual age and status of her health <strong>in</strong> the proposal form, the presentpolicy would not have been issued to her at this age. It is, therefore, evident that shehad made deliberate and <strong>in</strong><strong>co</strong>rrect statements and withheld material <strong>in</strong>formationregard<strong>in</strong>g her age and status of her health at the time of affect<strong>in</strong>g the assurance and ifshe had disclosed his <strong>co</strong>rrect age and status of her health <strong>in</strong> the proposal, the proposalwould not have been accepted. Hence <strong>in</strong> terms of policy <strong>co</strong>nditions and thedeclarations <strong>co</strong>nta<strong>in</strong>ed <strong>in</strong> the form of proposal for assurance and personal statement,the claim was repudiated.Observations of Ombudsman : I have gone through the materials on re<strong>co</strong>rds andsubmissions made dur<strong>in</strong>g hear<strong>in</strong>g and summaries my observations as follows:

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