Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on : Oct-20-2011
..... a prudent insurer in fixing the premium or determining whether he would like to accept the risk. any fact which goes to the root of the contract of insurance and has a bearing on the risk involved would be ??material ? . no other point was urged. in view of the aforesaid facts ..... judgment of the honble supreme court on the aspect of ??material fact is reproduced below:- ??the term ??material fact ? is not defined in the insurance act, 1938 and, therefore, it has been understood and explained by the courts in general terms to mean as any fact which would influence the judgment of ..... that the deceased concealed the fact relating to his drinking habit is not justified. legal position in the matters covered under section 45 of the insurance act, 1938 had been dealt in detail by the apex court in case titled as p.c. chako and another versus chairman life insurance corporation of ..... the complainant had submitted the papers to the opposite parties but the opposite parties had repudiated her claim on flimsy grounds and as such this act and conduct of the opposite parties amounts to deficiency of service and unfair trade practice on their part. in this background, present complaint under section ..... 12 of the consumer protection act, 1986 was filed for claiming the relief for getting the insurance of policy alongwith interest @ 15% per annum from the date of the death .....Tag this Judgment!