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Death Claim - Gbic.co.in

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Sri. R.Kothandapani submitted a proposal dt 29.07.1999 at Thiruvarur Branch ofThanjavur Division and obta<strong>in</strong>ed a policy bear<strong>in</strong>g number 752190040 for a SumAssured of Rs.25000/- under Endowment Plan for a term of 15 years. Sri.R.Kothandapani revived the lapsed policy on 09.08.2004 by submitt<strong>in</strong>g a “PersonalStatement of Health” of even date. Sri. R.Kothandapani died on 18.11.2004. Sri.A.Ramaiyan, the nom<strong>in</strong>ee of the policy preferred a claim for the benefit under thepolicy. The Insurer repudiated his claim on the grounds that Life Assured had failed todisclose <strong>in</strong> the “Personal Statement of Health” dated 09.08.2004 that he was suffer<strong>in</strong>gfrom Malignant Tumour/ Prostatic Sar<strong>co</strong>ma and that he had taken treatment at JIPMERHospital.In the hear<strong>in</strong>g the <strong>co</strong>mpla<strong>in</strong>ant had expressed his <strong>in</strong>ability to attend the hear<strong>in</strong>g. Hehad written <strong>in</strong> his letter that his son had revived the policy only because the Insurerwould not settle claim if the policy was <strong>in</strong> a lapsed <strong>co</strong>ndition. The <strong>co</strong>mpla<strong>in</strong>ant’s appealwas read out to the Insurer. The Insurer said that the Investigat<strong>in</strong>g Official hadfurnished all details of pre revival hospitalization of the assured. The assured wasdiagnosed for Prostatic Abscess, was admitted <strong>in</strong> JIPMER Hospital on 10.2.2004,operated upon on 12.2.2004 and was discharged on 15.2.2004. He was readmittedthere with <strong>co</strong>mpla<strong>in</strong>ts of retention twice with Tender Enlarged Prostate and biopsyrevealed Leiomyosar<strong>co</strong>ma. Explorative Laparotomy was done on 7.4.2004 followed byChemotherapy. The Insurer said that all these pre-revival treatments were notdisclosed by the assured <strong>in</strong> the Personal Statement of Health, at the time of revival on9.8.2004. This led to repudiation of claim, the Insurer <strong>co</strong>ncluded.In the present case, s<strong>in</strong>ce the Insurer had established that the deceased life assuredwas suffer<strong>in</strong>g from Prostate Cancer and had taken treatment before he revived thepolicy.The <strong>co</strong>mpla<strong>in</strong>t was dismissed.Chennai Ombudsman CentreCase No. : IO (CHN)/21.07.2454Sri A.RamaiyanVsLife Insurance Corporation of IndiaAward Dated : 28.02.2007Sri. V.Aathankaraiyan submitted a proposal on 09.04.2002 to LIC of India, VallioorBranch under Tirunelveli Division and obta<strong>in</strong>eda policy bear<strong>in</strong>g number 321225885, for a Sum Assured of Rs. 84,000/- under theInsurer’s Money Back Plan. The policy was issued with accident benefit. Sri.V.Aathankaraiyan died on 18.10.2005. Sri.V.Vallivel Konar, the nom<strong>in</strong>ee under thepolicy preferred a claim for the death benefits, with the Insurer. The Insurer paid thebasic sum assured with bonus but rejected accident benefit on the grounds that no<strong>co</strong>ncrete proof was available to prove accident.In the hear<strong>in</strong>g Smt.V.Krishnaveni who represented the <strong>co</strong>mpla<strong>in</strong>ant told the Forum thather brother was a milk vendor and also used to graze the cattle. He was bitten by asnake, was given first aid and was hospitalized by a relative at Asaripallam. He was<strong>co</strong>nscious at that time. The Insurer had settled the claim of Rs.91,381/-. However, theAccident Benefit was not settled. The Insurer said on 11.11.2005, the basic claim ofRs.91,381/- was settled. Though the FIR and PIR <strong>co</strong>nfirmed that the death was due tosnake bite, the Post-Mortem Report and the F<strong>in</strong>al Chemical Analysis did not po<strong>in</strong>t outany poisonous substance <strong>in</strong> the viscera and also no <strong>in</strong>ternal or external <strong>in</strong>juries were

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