...S.B Sinha, J.— Leave granted.2. Application of Section 45 of the Insurance Act, 1938 is in question in this appeal which arises out ..., appearing on behalf of the respondents, on the other hand, submitted that having regard to the provisions contained in Section 45 of the Insurance Act and ...undergone by him four years prior to the date of the proposal made by him, he did not disclose thereabout prior to obtaining the insurance policy. We may notice that he died within six months from ...

...to details of the life insurance policies held by the life assured, we are constrained to repudiate the claim under the policy in terms of Section 45 of ...Assurance Co. Ltd. (2009) 8 SCC 316).8.4. It is only when an insurer seeks to repudiate a policy of life insurance or a claim arising under it after two years of the effective date ...insurance policies from different insurers. The insurer has admitted that the death of the insured on 8-2-2010 was due to a heart attack and hence the claim was covered within the terms ...

...liberty to lead evidence before the High Court.5. Examining the matter on merits the learned Single Judge referred to the provisions of Section 45 of ...of the claim which is on them.”7. Dealing with the contention that the case pleaded by the Corporation comes within the scope of Section ...is found prima facie to have merit and oral and documentary evidence may become necessary for determination of the issue raised, then a writ petition is not an appropriate remedy.12. Coming to ...

...State Commission. The State Commission vide its order dated 31-12-1998 allowed the appeal and set aside the order of the District Forum. The relevant part of the order reads as u...proposal form, was the respondent Insurance Company justified in law in repudiating the claim of the appellant.17. Having bestowed our anxious consideration to the...short “the Act”), which places restrictions on the right of the insurer to call in question a life insurance policy on the ground of misstatement after a particular period, has n...

...date of death, the deceased had been hospitalized in July 2014 with a complaint of having vomited blood and a nondisclosure of the material facts would justify the repudiation of ...Redressal Commission.3. On 5 August 2014, a proposal for obtaining a policy of insurance was submitted to the appellants by Kulwant Singh. The proposal form indicated the...policy of insurance was issued by the appellants on 12 August 2014. Under the policy, the life of the proposer was insured for a sum of Rs. 8.50 lakhs payable on maturity with ...

...insurance to him. The appellant defendant however refused to pay the claim under Section 45 of the ...College Hospital, Jabalpur where Dr. B. M. Arora diagnosed that she was suffering from blood cancer. It has therefore been averred that, in view of the material suppression and fraudulent concealment as above, the contract ...year 1985 and had fraudulently and deliberately suppressed the above fact in not truly answering the questions Nos. 17-A and 18-A of the proposal form and if so whether the contract of ...

...again the column needing this information. The case of the complainant was that he was medically examined by OP and cleared before taking policy. It is also argued that OP can not repudiate ...material suppression within the mentioning of Section 45 of the Insurance Act which permit repu...proposer of insurance to keep silent and to give a No reply. It was a deliberating suppression of facts. The OP cannot be said to be deficient in the fact of these facts for repudiating claim. ...

...been able to prove that there was suppression of any material facts done with fraudulent intentions and that the medical certificate of the District Tuberculosis Officer was not backed by his affidavit, nor was he ...so since revival of the policy amounts to a new contract and this has been confirmed by various rulings of the National Commission. Thus no benefit of ...the revival of a policy amounts to a new contract and therefore, a fresh declaration is taken at the time of revival of the policy and, therefore, no benefit can accrue to Respondent in this case ...

...whereby the said respondent has rejected the death insurance claim of the petitioner's husband. 2. Learned counsel for the petitioner submits that the claim of .... 3. Having heard learned counsel for the parties and on perusal of the documents available on record, it appears that the insurance claim in pursuance of the death ...the insurance policy and the investigation also revealed impersonation and submission of fake documents at the time of obtaining the said policy. 4. Be that as it may....

...petitioner's case is that the order of the State Commission is a miscarriage of justice since the death of the DLA occurred after 2 years of the date of .... It is stated that while there was no fraudulent suppression of facts, this issue cannot also be called into question after 2 years of the date of sanction of policy. ...) CPJ 8 (SC) is distinguishable legally and factually since it related to a Mediclaim governed by a written contract between the parties whereas the instant case is governed by section 45 of the ...

...effected.12. The permanent Lok Adalat in view of Section 45 of the Insurance Act,...Section 45 of the Insurance Act, 1958 as the order of the Lok Adalat and the ...Act of 1987 which reads as under:“22-A.- In this Chapter and for the purposes of Section 22 and 23, unless the context otherwise requires,—(a) … … …(b...

... -1753/2010 , -6- 0 , "Non disclosure of the other insurance policies does not fall within the ambit of Section .... Keeping in view the facts and circumstances of this case, in our opinion, the non-disclosure of the other insurance policies does not fall within ...2014 dated 21.11.2014 the Hon'ble Supreme Court has reconfirmed that for any omission or commission of an Insurance Agent, the insured or his or her LRs cannot be made to suffer, The main question...

...short ‘LIC’).3. The two policies were in the sum of rupees one lac each. Since the assured died within six months of the first policy and almost a month of the sec...1. By Court.— We heard the counsel for the parties.2. It is not in dispute that the husband of the appellant had taken two policies from the Life Insurance Corpo...gratia payment of rupees one lac each. He further submits that the said amount has not been accepted by the appellant and she is also not willing to give discharge certificate.5...

...yes, then the complainant will get the benefit. If the answer is no then the OP will get the benefit. It is necessary for us to examine the Section-45 of the ...decision of the Hon'ble Apex Court. Section-45 of the Insurance Act is as follows:- 2 " ...the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal. 10. In the d...

...and the policy holder died on 9.7.2008. The question now arises as to whether the policy in question can be called under Section 45 of the Insurance Act. ...when the insurer repudiated the claim. The significance of the decision in Mithoolal (supra) for this case lies in the fact that the Court specifically kept open ...of revival of the policy will not be counted, but the policy with the original date when commenced is the date which would be taken as a test for counting two years by the date she died. ...

...cancer by the insured at the time when the insurance was taken by him. In column 11 of the proposal form the insured had stated that he was not suffering from any ailment during ...play. The Insurance Company with the help of RW-1 Dr. T.G. Sagar has established beyond any doubt that insured had taken treatment for cancer and was even admitted in the hospital from 30.7.2001...account of which the Insurance Company has rightly repudiated the claim filed by the Complainant. In view of the above, we do not find any merit in the revision. The rev...

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...consideration the oral arguments and by ignoring the evidence produced by the complainant. Learned counsel has also submitted that it is a case of misreading of evidence. The terms and conditions ...as such the case of the appellant/complainant was covered by the provisions of Section 45 of the Insurance Act, 1938 as it cannot be made applicable af...provisions of Section 45 of the Insurance Act as the life assured had concealed certain material facts and a fraud was played up on the LIC of India for getting...

...is admitted fact that the policy was commenced on 28.01.2003 and the life assured died on 18.12.2005. Section-45 of the Insurance Act,1938 as pre-amended is as follows.... 9. The aforesaid provision is clear to show that the policy in question can not be called after lapse of two years from the date of commencement of the po...not be pressed into service by the insurer. Therefore, the contention of the learned counsel for the appellant has no substance. When Section-45 of the ...

...before us that the insured person having died within two years from the date of commencement of the insurance-policy and admittedly there being wrong declaration as regards her service with ...will be profitable to refer to the decision of the Supreme Court in the case of Life Insurance Corporation of India v. Asha Goe...12 of the said judgment, the Supreme Court, while elucidating the scope of Section 45 of the Act made the following observation:—“Comin...