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Death Claim - Gbic.co.in

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He had <strong>co</strong>ncealed the material fact that he was handicap. However, the agent <strong>in</strong> hisConfidential Report has not mentioned any disability of the life assured which showsthat the <strong>co</strong>ncealment of material fact by the life assured was not material s<strong>in</strong>ce <strong>in</strong> the<strong>co</strong>nfidential report, the agent has not given the true and fair picture of the life assuredto the Corporation.I am not <strong>in</strong> agreement with the decision of Life Insurance Corporation of India <strong>in</strong>repudiat<strong>in</strong>g the claim of Smt. Bismilla. S<strong>in</strong>ce it is the duty of the agent to give true andfair picture of the life assured so as the risk <strong>co</strong>uld be under written properly. Further,LIC of India has not taken any action aga<strong>in</strong>st the agent. LIC of India has also not triedto verify whether he got any pension from the State Government given to handicappedpersons nor they have been able to produce any disability certificate of Shri Samsudd<strong>in</strong><strong>co</strong>nfirm<strong>in</strong>g the degree of disability.I, therefore, pass the Award that Smt. Bismilla be paid the sum assured along with theother benefits accrued under the policy by LIC of India.The Award shall be implemented with<strong>in</strong> 30 days of receipt of the same. The <strong>co</strong>mplianceof the Award shall be <strong>in</strong>timated to my office for <strong>in</strong>formation and re<strong>co</strong>rd.Delhi Ombudsman CentreCase No. : LI/BK-10/05-06Shri Rupa RamVsLife Insurance Corporation of IndiaAward Dated : 30.11.06The <strong>co</strong>mpla<strong>in</strong>t was heard on 15.11.2006. The <strong>co</strong>mpla<strong>in</strong>ant, Shri Rupa Ram, wasabsent. He was also absent on the earlier date on 21.08.2006. LIC of India wasrepresented by Shri K.C.Sharma, Manager(<strong>Claim</strong>s).Shri Rupa Ram had lodged a <strong>co</strong>mpla<strong>in</strong>t with this Forum on 21.03.2005 that his mother,Smt. Mohni Devi, had taken LIC Policy No.501317047 for Rs.50,000/- from theirSujangarh Branch. After her death, he filed a claim with the LIC of India. LIC of Indiaon 29.10.2004 repudiated the claim on the grounds that Smt. Mohni Devi was suffer<strong>in</strong>gfrom Dysphagia before tak<strong>in</strong>g the policy. The truth is that his mother was not suffer<strong>in</strong>gfrom any disease. She was medically exam<strong>in</strong>ed before the proposal was accepted byLIC of India. LIC of India has accepted her proposal only after her medical exam<strong>in</strong>ationthen how can the Corporation <strong>co</strong>me up with the excuse that she was not keep<strong>in</strong>g goodhealth. Their <strong>co</strong>ntention that she was not keep<strong>in</strong>g good health is not true and baseless.He has requested the Forum to pay the claim.LIC of India, vide their letter dated 28.11.2005, <strong>in</strong>formed the Forum that they hadrepudiated the claim on 29.10.2004 due to <strong>co</strong>ncealment of material fact. The policyholder was suffer<strong>in</strong>g from Dysphagia before tak<strong>in</strong>g proposal.At the time of hear<strong>in</strong>g, the Forum raised a question that s<strong>in</strong>ce medical was <strong>co</strong>nducted<strong>in</strong> the case of Smt. Mohni Devi, how the doctor <strong>co</strong>uld not detect the disease ofDysphagia s<strong>in</strong>ce she had difficulty <strong>in</strong> swallow<strong>in</strong>g which should have <strong>co</strong>me out ondiscussions with the life assured about her medial history. Even the agent has notmentioned about the disease <strong>in</strong> his report. Both the doctor and the agent have beennegligent at the time of proposal be<strong>in</strong>g made to LIC of India.On exam<strong>in</strong>ation of the papers submitted by LIC of India, it is observed that as per thedischarge certificate of Acharya Tulsi Cancer Hospital where Smt. Mohni Devi wasadmitted, it is mentioned that she was suffer<strong>in</strong>g from Dysphagia for the last two years.She had expired on 19.02.2004 and she had taken the <strong>in</strong>surance policy on 14.08.2003.

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