need help under consumer protection act
ksvrajuadv
(Querist) 03 April 2013
This query is : Resolved
Dear Experts,
Wife purchased four policies of a private Life Insurance company after 1 & half year she died due to illness,in his discharge slip under medical history doctor mentioned that she was patient of diabetes type II since 2 years,Insurance company denied to pay her insurance to her husband on the ground that she did not disclose this fact in the form and she herself committed fraud towards company.my query is that how husband can take insurance amount from company.Can doctor 's mere statement without any test itself amount that patient 's age of disease.Now husband file complainant to consumer protection forum,can any case law in his favour or not.plz guide me.
ajay sethi
(Expert) 03 April 2013
husband will lose the case . you have to disclose preexisting illness . if you had disclosed that wife was suffering from diabetes insurer would not have insured her life . it amounts to surpression of material facts and insurance company is justified in repudiating the policy
Adv k . mahesh
(Expert) 03 April 2013
go through Indian kanoon website
R.K Nanda
(Expert) 03 April 2013
search google.
Devajyoti Barman
(Expert) 03 April 2013
There is no merit in the case.
FOR CITATION SEARCH ON YOUR OWN.
Sudhir Kumar, Advocate
(Expert) 03 April 2013
What evidence you that doctors finding was wrong.
It is very very very settled principle that life insurance policy, fraudulently obtained by hiding sickness (existing or past at the stage of proposal) does not create liability on insurer.
Raj Kumar Makkad
(Expert) 03 April 2013
The stand of the insurance company is perfect and legal and you cannot be granted the claimed amount as you are guilty of suppression of material fact while taking the policy.
