JUDGMENT : As per S.K. Kulshreshtha, J. :- This appeal assails the order dated 30-11-2009 passed by the District Forum, Barwani in Case No. 8/2006. 2. The case of the respondent-wife of the insured deceased-Bhagwan Septa was that the life of her husband was assured by a policy with effect from 28-1-2003 and on account of his untimely death during the subsistence of the policy, he was entitled to the amount thereunder. The Insurance Company, however, disputed its liability to pay the amount under the insurance as he had died on 27-6-2004 of cancer and he had concealed the fact that he was habitually chewing tobacco and occasionally smoking as well. 3. Learned Counsel for the Insurance Company has submitted that the deceased died on 27-6-2004 and though the policy commenced from 28-1-2003, ante-dated as per the request of the deceased and as per rules,-in his proposal form dated 11-3-2003 he did not disclose the fact that he used to chew tobacco and smoke as well. His death on account of cancer on 27-6-2004 had nexus with his chewing of tobacco. A medical certificate (Exh. D-10) has also been placed on record which is dated 1-3-2003 in which it is mentioned by the Medical Practitioner that he was engaged for the past 38 years in chewing tobacco and occasional smoking. 4. The proposal form contains several columns. Column No. 11(h) 4 requires disclosure with regard to the chewing of tobacco in any form. We have seen the proposal form, which does not contain any endorsement of his chewing tobacco, which showed that there was suppression of material fact and the Insurance Company was, thus, absolved from their liability to make payment of the amount assured. 5. In the result, this appeal is allowed and the order passed by the District Forum is set aside. There shall, however, be no order as to costs.