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AHMEDABAD - Gbic.co.in

AHMEDABAD - Gbic.co.in

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FINDINGS & CONCLUSIONS:-There is no doubt that the policy no. 0089332597 issued under Unit Ga<strong>in</strong>for annual premium of Rs. 25000/-for 20 years term. It is a known factthat proposal form are be<strong>in</strong>g filled <strong>in</strong> by the agents only and onlysignature are be<strong>in</strong>g obta<strong>in</strong>ed on the proposal form of the policyholder.The policyholder was uneducated. The Q. No. 5, premium frequency<strong>co</strong>lumn is also misguid<strong>in</strong>g. The annual <strong>in</strong><strong>co</strong>me of the proposer is only60000/- p.a., it is difficult to <strong>co</strong>nv<strong>in</strong>ce that the person hav<strong>in</strong>g <strong>in</strong><strong>co</strong>me ofonly 60000/- p.a. can deposit premium of Rs. 25000/- every year whichproves that it is a mis-representation of facts for the personal <strong>in</strong>terest.The <strong>in</strong>surance is a <strong>co</strong>ntract of utmost good faith. Both the parties areexpected to reveal the facts only. Any mis-representation of facts oneither side vitiates the <strong>co</strong>ntract ab-<strong>in</strong>itio.In view of the above for the sake of equity and justice the respondent isdirected to cancel the policy and refund full amount of premium i.e. Rs.25,000/- with <strong>in</strong>terest @ 9% p.a. from the date of receipt to till the dateof payment with<strong>in</strong> 15 days from the date of receipt of this order.

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