Insurance claim -- Repudiation - Suppression of material fact - Based on some entries taken from discharge card - That complainant had pre - existing disease of High B.P - No proof adduced by the Insurance Company to prove that the complainant was having High B.P. or hypertension as alleged - Insurance company held to be guilty of deficiency in service and unfair trade..........
Service -- Back wages - Suppression of material facts - Non disclosure of Caste Scrutiny Committee's Report by the respondent before the Tribunal amounts to suppression of material information from Court - Also inordinate delay of three years in challenging order of Tribunal - Respondent not entitled to back wages - Order of High Court granting back wages to respondent set..........
Insurance claim -- Repudiation - Suppression of material fact - Nothing on record to show that prior to filing up the declaration from the complainant - respondent was aware of the fact that his son deceased was suffering from multiple congenital anomalies and he deliberately concealed that fact while taking policy in question for his diseased son - Whatever record..........
Insurance claim -- Repudiation - Suppression of material facts - Declaration form filled in by the deceased on 2.10.2004 - Policy in question issued in his favour on 8.10.2004 and on the same day deceased was admitted in Hospital and died within one month of the policy in question - Deceased was suffering from coronary pulmonale tubercular ascitis with CCF - He was also..........
Insurance claim -- Repudiation - Suppression of material fact - Which was within knowledge of the petitioner yet he withheld it - State Commission held rightly dismissed the complaint...........
Insurance claim -- Repudiation - Suppression of material facts - The petitioner suppressed material fact in regard to his pre existing ailment not only at the time of taking the policy but also at the time of its renewal - The respondent insurance company justified in repudiating the claim of the petitioner...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Diabetes - Husband of the respondent admitted in the hospital on 5.2.2005 and his disease was diagnosed to be Diabetes Mellitus - He did not have history of Diabetes Mellitus prior to 2002 when he filed the proposal form - The..........
Succession Act, 1925, Section 263 -- Probate - Judgment rendered in a probate proceeding is a judgment in rem - However, it is not determinative of the question of title - If probate is obtained by fraud or suppression of material fact it is subject matter of revocation...........
Insurance claim -- Suppression of martial fact - Repudiation - At the time of filing up of proposal form complainant knew that he was suffering from NHL (Cancer) but he had given answer 'No' to the question - Repudiation of claim held justified...........
Suppression of material facts -- Disqualifies a litigant from obtaining any relief - However, suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case...........
