13.07.2015 Views

AHMEDABAD - Gbic.co.in

AHMEDABAD - Gbic.co.in

AHMEDABAD - Gbic.co.in

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

There is no doubt that the policy was issued nos. 0089319311 and89304434 under S<strong>in</strong>gle Premium unit ga<strong>in</strong> plan for Rs. 25000/- each.It is a known fact that proposal form are be<strong>in</strong>g filled <strong>in</strong> by the agents onlyand only signature are be<strong>in</strong>g obta<strong>in</strong>ed of the policy holder. The Q. No. 5,premium frequency <strong>co</strong>lumn is also misguid<strong>in</strong>g. It is also difficult to<strong>co</strong>nv<strong>in</strong>ce that a person hav<strong>in</strong>g <strong>in</strong><strong>co</strong>me of only 130000/- per year can paypremium of Rs. 50000/- every year with liability of 03 family members,which proves that it is a mis-representation of facts for the personal<strong>in</strong>terest. At the underwrit<strong>in</strong>g stage the Respondent should take <strong>in</strong>to<strong>co</strong>nsideration premium amount with annual <strong>in</strong><strong>co</strong>me which is totallyignored <strong>in</strong> this case.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.50,000/- 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.Dated at BHOPAL, on 26 th of November 2009.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!