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In three separate orders,the Punjab Consumer Disputes Redressal Commission has held that insurance claim of a person cannot be turned down solely on the grounds that the person suffered from diabetes or rheumatic heart disease.
The first case pertains to Mitter Pal Aggarwal,a resident of Jalandhar district,who had taken a policy from the Life Insurance Corporation (LIC) for Rs 1 lakh in January 2002. He had diabetes mellitus and he died in September the same year. In the second case,Kewal Krishan,a resident of Batala,had taken an insurance policy from National Insurance Company in 1999 for Rs 5 lakh. It was renewed in 2000,and the claim was reduced to Rs 4 lakh. In 2001,he died of kidney failure.
After the death of both these people,their insurance claims were refused by the respective companies on the grounds that they were suffering from diabetes. The stand taken by the companies was not accepted by the commission. The insurance claim of Aggarwals family was upheld on the ground that the insured was not suffering from diabetes mellitus at the time of taking the policy. Similarly,the insurance claim of the heirs of Kewal Krishan was upheld on the ground that he was not suffering from kidney failure when he took the policy. In the third case,the insurance claim of the legal heirs of Narinderjit Kaur,a resident of Ajnala,has been allowed by the commission. The mediclaim of Rs 1 lakh had been refused by LIC on the ground that she had hidden the fact that she was suffering from rheumatic heart disease while taking the policy. The commission held that the woman died of hepatitis and not due to a heart problem. Hence,her claim could not be repudiated by the insurance company.
Commission President Justice S N Aggarwal and members Lt Col Darshan Singh (Retd) and Amarpreet Sharma relied upon the judgment of the Supreme Court that if a person is suffering from hypertension or diabetes,the insurance claim of the legal heirs could not be repudiated on the ground that the person had suppressed this information from the company.
The Supreme Court had observed that hypertension or diabetes were not fatal in themselves. If a proper check was maintained,a person suffering from either of these problems could live a long and healthy life. In this light,the commission directed the companies to pay the insurance claim to the legal heirs of the insured persons,with interest from the date on which it was to be paid.
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