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Death Claim - Gbic.co.in

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Keep<strong>in</strong>g the educational and e<strong>co</strong>nomic background of the life assured <strong>in</strong> m<strong>in</strong>d it ispossible that he had no <strong>in</strong>tention of suppress<strong>in</strong>g this <strong>in</strong>formation. However the factcannot be ignored that the assured had not mentioned <strong>in</strong> the proposal the accident ortreatment for his eye ailment for which there is a specific question <strong>in</strong> the proposal.Therefore it was decided by the Forum that an amount equal to Rs.15000/- be allowedto the <strong>co</strong>mpla<strong>in</strong>ant as an ex-gratia payment <strong>in</strong> full and f<strong>in</strong>al settlement of the claim.The <strong>co</strong>mpla<strong>in</strong>t is partly allowed.Chennai Ombudsman CentreCase No. : IO (CHN)/21.08.2495Smt.R.RaniVsLife Insurance Corporation of IndiaAward Dated : 19.02.2007Sri. R.Suresh obta<strong>in</strong>ed a life <strong>in</strong>surance policy from Chidambaram Branch of LIC ofIndia after submitt<strong>in</strong>g a proposal on 25.10.2004. The Insurer issued him a policynumbered 733625253, under their New Jana Raksha Plan for a sum assured of Rs.30000/-. Sri. R.Suresh died on 20.09.2005 due to Pulmonary Tuberculosis. Smt R.Ranithe nom<strong>in</strong>ee under the policy preferred the death claim with the Insurer. The Insurerrejected her claim on the grounds that the life assured had withheld <strong>co</strong>rrect <strong>in</strong>formationregard<strong>in</strong>g his health at the time of effect<strong>in</strong>g <strong>in</strong>surance with them.In the hear<strong>in</strong>g the <strong>co</strong>mpla<strong>in</strong>ant stated that her son was <strong>in</strong> good health at the time oftak<strong>in</strong>g <strong>in</strong>surance. She alleged that the certificate stat<strong>in</strong>g that her son had jaundice andtyphoid was baseless and her son never had those diseases. She said that they did notknow the cause of death. He would have died probably due to some poisonous bite.When questioned as what occupation her son was engaged <strong>in</strong>, she said that he was notgo<strong>in</strong>g for any job but used to go to Tiruppur sometime and work. The <strong>in</strong>surer statedthat the assured was daily wage earner as per proposal form and was 26 years old. Hedied on 20.09.2005 with<strong>in</strong> 10 months of tak<strong>in</strong>g the policy due to Pulmonary TB andAcute Respiratory Distress. Dr.T.Paarivalavan of Primary Health Centre, Kumaratchihad addressed a letter to the Zonal Manager of the Insurer on 30.05.2006, where<strong>in</strong> hehad <strong>co</strong>nfirmed that the assured was treated by him for typhoid on 02.03.2003, jaundiceon 03.06.2004 and only on 19.03.2005 he was treated for Pulmonary T.B.In this case the life assured was severely anemic and died at the young age of 27 andit appeared that even though Typhoid and Jaundice were cured he was prone to fallsick quite often. By suppress<strong>in</strong>g his diseases for which there was a specific question <strong>in</strong>the proposal for <strong>in</strong>surance, the life assured had denied the Insurer a fair chance ofevaluat<strong>in</strong>g the risk <strong>co</strong>rrectly. However <strong>in</strong> view of the fact that the Insurer had solelyrelied on the <strong>Claim</strong> forms and had not obta<strong>in</strong>ed documentary evidence to substantiatetheir decision, the Forum found that the repudiation of the <strong>co</strong>mpla<strong>in</strong>ant’s claim by the<strong>in</strong>surer <strong>in</strong> its entirety was not fully justified. An amount equal to Rs.10000/- wasallowed to the <strong>co</strong>mpla<strong>in</strong>ant as an ex-gratia payment <strong>in</strong> full and f<strong>in</strong>al settlement of theclaim.The <strong>co</strong>mpla<strong>in</strong>t is partly allowed.Chennai Ombudsman CentreCase No. : IO (CHN)/21.04.2447Smt.R.PeriakkalVs

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