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Gujarat High Court · body

2006 DIGILAW 75 (GUJ)

Branch Manager, LIC of India, District Wardha v. Kamala Alias Shkuntalabai

2006-02-02

B.B.VAGYANI, S.G.NAGARALE

body2006
Judgment B.B. Vagyani, J.—This appeal, filed by LIC of India (Original Opposite Parties), is directed against the award dated. 17.07.1998 passed by the District Consumer Forum, Wardha, whereby the Forum below directed LIC of India to pay Rs. 25,000/- to the widow of deceased insured. Hence, this Appeal. 2. We heard the learned Advocate Shri S.S. Gadge for the appellants and respondent – original complainant in person. The LIC of India has raised a plea of material of suppression of age in the Proposal Form. The insured showed his age as 55 years. According to the Insurance Company, the insured was of 65 years’ age, when policy was taken. The learned Advocate Mr. S.S. Gadge submitted that if real age would have been disclosed by the insured in the Proposal Form, the Insurance Company would not have accepted the Proposal. 3. We made close scrutiny of the documents. In the Proposal Form, the date of birth of insured is shown as 29.05.1939. As on the date of submission of the Proposal Form the age of the insured is shown as 55 years. If the date, disclosed in the Proposal Form, is taken into consideration, it cannot be said by any stretch of imagination that the insured was 65 years of age on the date of submission of Proposal. When the exact date of birth is disclosed and as per the disclosed birth date, the insured was 55 years of age on the date of submission of Proposal, it cannot be said that the insured suppressed or concealed his real age. 4. Alongwith Proposal Form School Certificate of the insured was produced. In the School Certificate birth date of insured is shown 29.05.1939. Therefore, it cannot be said that the insured suppressed his real age. 5. The LIC of India has raised the plea of material suppression of age on the basis of Election Identity Card, wherein age of insured is shown 65 as on 01.01.1994 and the Xerox copy of the Ration Card, wherein the age of insured is shown as 62 years. The Identity Card is meant to establish the identity of Voter to prevent bogus voting. The age of the person in Identity Card is given just to verify the identity of a voter. The age shown in the Ration Card is meant for fixing the quota of foodgrains. The Identity Card is meant to establish the identity of Voter to prevent bogus voting. The age of the person in Identity Card is given just to verify the identity of a voter. The age shown in the Ration Card is meant for fixing the quota of foodgrains. Under the circumstances, these two documents do not at all help the Insurance Company to support the plea of material suppression. 6. After having scanned the entire material on record and after having considered the facts and circumstances of the case, we are of the clear opinion that impugned order under challenge does not at all suffer from illegality. Appeal filed by Insurance Company is devoid of any merit. In the result, we pass the following order— Order 1. Appeal stand dismissed. 2. Appellant to pay Rs. 1,000/- as cost to the Respondent No.1 3. Copies of the order be furnished to the parties.