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Death Claim - Gbic.co.in

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they would only be approximate ages, s<strong>in</strong>ce the re<strong>co</strong>rd<strong>in</strong>gs were not based on anyreliable documentary evidence. It was also observed that the <strong>in</strong>surers also <strong>co</strong>llected anage extra for non-standard age proof which is <strong>in</strong>tended to offset the <strong>in</strong>adequacies <strong>in</strong>premium aris<strong>in</strong>g from <strong>in</strong>acuracies of age due to non-standard age proofs. Further theevidences they relied upon to arrive at the age of the assured as 56 were ration cardand voters list, which as per their rules were not <strong>co</strong>nsidered even as non-standard ageproofs. Hence their <strong>co</strong>ntention that the assured was aged 56 years based on the<strong>in</strong>formation <strong>in</strong> certa<strong>in</strong> documents, which they do not accept for age admission purposesat the time of underwrit<strong>in</strong>g, defies logic and cannot be a valid ground for repudiation.The fact that they have <strong>co</strong>llected an extra premium for non-standard age proofs provesthat they are aware of the likely differences / <strong>in</strong>accuracies <strong>in</strong> age <strong>in</strong>volved <strong>in</strong> such nonstandardage proofs and the extra premium is only to offset the likely shortfall <strong>in</strong>premium.As such, their <strong>co</strong>ntention that the age of the assured was understated <strong>in</strong> the proposalbased on the <strong>in</strong>formation available <strong>in</strong> ‘family card and votes’list’ and mak<strong>in</strong>g it a groundfor repudiation <strong>co</strong>uld not be held susta<strong>in</strong>able and hence the repudiation was set aside.The <strong>co</strong>mpla<strong>in</strong>t is, therefore, allowed.Chennai Ombudsman CentreCase No. IO (CHN) / 21.02.2587 / 2004 - 05Smt. L. SelvakumariVs.Life Insurance Corporation of IndiaAward Dated 23.06.2005Smt. L. Selvakumari, W/O late V. Logan, a Southern Railway employee, lodged a<strong>co</strong>mpla<strong>in</strong>t with this forum claim<strong>in</strong>g that her claim with L.I.C. under the policies on thelife of her husband was denied to her and requested this forum to <strong>co</strong>nsider her appealfavourably and arrange for payment of claim by the <strong>in</strong>surers. Shri V. Logan took two<strong>in</strong>surance policies for Rs. 50,000/- and45,000/- <strong>in</strong> 07/99 and 08/2000 and nom<strong>in</strong>ated his wife Smt. Selvakumari under thesame. The claim under these policies was repudiated by the <strong>in</strong>surers on the plea thatthe pre-proposal health & habits of the assured were not disclosed <strong>in</strong> the proposal.All the relevant documents were called for and gone through. Hear<strong>in</strong>g of both the<strong>co</strong>ntend<strong>in</strong>g parties was arranged. The <strong>in</strong>surers’ ma<strong>in</strong> <strong>co</strong>ntention was that the assuredwas an al<strong>co</strong>holic, he underwent treatment for al<strong>co</strong>hol withdrawal syndrome <strong>in</strong> RailwayHospital and that he was on sick leave dur<strong>in</strong>g this period of treatment and also onmany occasions thereater, which facts were suppressed <strong>in</strong> the proposals for the abovepolicies, lead<strong>in</strong>g to their repudiation of claim. They brought before this forum acertificate from Southern Railway Hospital, Tambaram signed by their senior DivisionalMedical officer, which testified that the assured underwent treatment for ‘al<strong>co</strong>holwithdrawal syndrome’ from 20.01.97 to 12.03.97. Even the leave re<strong>co</strong>rds from SouthernRailway po<strong>in</strong>ted out that the assured was on sick leave on many occasions, though forshort spells. The <strong>co</strong>mpla<strong>in</strong>ant <strong>co</strong>ntended that her husband was tak<strong>in</strong>g al<strong>co</strong>hol outsideher home with friends and that he stopped <strong>co</strong>nsum<strong>in</strong>g al<strong>co</strong>hol after the treatment <strong>in</strong>1997. She <strong>in</strong>formed that her husband fell down while cross<strong>in</strong>g the front door of their hutand had an <strong>in</strong>jury <strong>in</strong> the head. He fell un<strong>co</strong>nscuious and <strong>co</strong>uld not be rushed to anyhospital and <strong>co</strong>uld not be revived.Judg<strong>in</strong>g from the entire documentary evidence, it was a fact that the assured wastak<strong>in</strong>g al<strong>co</strong>hol, underwent treatment for withdrawal syndrome, dur<strong>in</strong>g which period hewas also on sick leave. These facts were not mentioned <strong>in</strong> the proposal. To that extent

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