12.07.2015 Views

Death Claim - Gbic.co.in

Death Claim - Gbic.co.in

Death Claim - Gbic.co.in

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Chandigarh Ombudsman CentreCase No. : LIC/333/Ludhiana/Jagraon/21/07Charanjit KaurVsLife Insurance Corporation of IndiaOrder dated: 24.1.07FACTS : Smt. Charanjit Kaur’s husband Late Shri Sardar Surjit S<strong>in</strong>gh had taken apolicy bear<strong>in</strong>g no. 161493098 from Branch Office, Jagraon for sum assured of Rs.25,000/- with DOC 28.12.2002. The policy was revived on 24.05.2005. He died on27.06.2005. She stated that the premiums were paid regularly under the policy. Shelodged death claim with relevant documents which was repudiated on the ground ofsuppression of material facts at proposal stage. She vehemently denied allegation thather husband was habitual of <strong>co</strong>nsum<strong>in</strong>g drugs and sell<strong>in</strong>g them. She came to know ofthis allegation when a fake case was registered aga<strong>in</strong>st him.FINDINGS : The <strong>in</strong>surer <strong>in</strong>formed vide letter dated 18.12.2006 the DLA died <strong>in</strong> policecustody on 27.06.2005. He was deta<strong>in</strong>ed by the police under section 15 of N.D.P.S.Act. He was also deta<strong>in</strong>ed by the police on 12.08.2000. It was further <strong>in</strong>formed that an<strong>in</strong>vestigation was <strong>co</strong>nducted which revealed that DLA was <strong>in</strong> the habit of tak<strong>in</strong>g excessliquor and drugs. He was admitted <strong>in</strong> Raj<strong>in</strong>dra Hospital, Patiala for treatment ofdiseases because of excess liquor and drugs. The policy was revived on 24.05.2005.However, these facts were not disclosed by him at the time of revival of the policy. The<strong>in</strong>surer stated that the policy was <strong>in</strong> force on the date of death. There was <strong>in</strong>timationgiven by police authorities that the DLA was a habitual al<strong>co</strong>holic and <strong>co</strong>nsumer ofdrugs etc. It was found that no proof of pre-exist<strong>in</strong>g disease <strong>co</strong>uld be established bythe representative of <strong>in</strong>surer. The re<strong>co</strong>rd given <strong>in</strong> the claim form by the medicalauthorities was based on the <strong>in</strong>formation furnished by police attendant who was not amedical practitioner. While it may be a fact that the DLA was sell<strong>in</strong>g drugs etc., but thatrelated to his activities for which the police had already registered a case aga<strong>in</strong>st himand it had no relevance with the <strong>in</strong>surance policy as the terms of <strong>in</strong>surance policy donot mention that <strong>in</strong>sured should not <strong>in</strong>dulge <strong>in</strong> illegal activities at the time of tak<strong>in</strong>g upthe <strong>in</strong>surance policy for basic sum assured.DECISION : Held that the claim of the <strong>co</strong>mpla<strong>in</strong>ant for payment of admissible amountunder the basic sum assured was tenable. Hence ordered that the <strong>in</strong>surer should makepayment of admissible amount for basic sum assured along with accrued bonus.Chandigarh Ombudsman CentreCase No. : LIC/356/Chandigarh/Malerkotla/21/07Smt. SariyaVsLife Insurance Corporation of IndiaOrder dated: 27.2.07FACTS : Smt. Sariya who happens to be the nom<strong>in</strong>ee under the policy stated that herhusband had taken two policies; one for himself and the other on the life of his son <strong>in</strong>the month of June 2004. He had submitted driv<strong>in</strong>g licence as age proof for himself andration card for his son. Both the age proofs were accepted by the <strong>in</strong>surer and policieswere issued. Unfortunately, the <strong>co</strong>mpla<strong>in</strong>ant’s son died on 03.05.2005 due to heartattack. Dur<strong>in</strong>g <strong>in</strong>vestigation, the <strong>in</strong>surer procured his date of birth from the schoolre<strong>co</strong>rd which differed from his actual date of birth. She further stated that there was noadverse family history or health problem <strong>in</strong> her entire family. The <strong>in</strong>surer had decl<strong>in</strong>ed

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!