(D.Y. Chandrachud, Indu Malhotra and K.M. Joseph, JJ.)
Petition(s) for Special Leave to Appeal (C) No. 10652/2020
Branch Manager and Others _________________________ Petitioner(s);
v.
Dalbir Kaur ______________________________________ Respondent.
(With appln.(s) interim relief, exemption from filing c/c of the impugned judgment and exemption from filing O.T. and exemption from filing affidavit)
Petition(s) for Special Leave to Appeal (C) No. 10652/2020 and RP No. 522/2019, decided on September 21, 2020
The Order of the court was delivered by
Order
1. Mr. Amol Chitale, learned counsel appearing on behalf of the petitioners submits that when the proposal for a policy of life insurance was submitted (Annexure P-1), the proposer suppressed the fact that a month prior thereto, he had been hospitalized for ‘blood in vomit’ and that the proposer was suffering from Hepatitis C. It has been submitted that this was a material fact which ought to have been disclosed to the insurer.
2. Issue notice, returnable on 9 October 2020.
3. Dasti, in addition, is permitted.
4. Mr. Chitale states that while the sum assured has been paid to the respondent, the penalty of Rs. 2 lakhs which was imposed by the National Consumer Disputes Redressal Commission has still not been paid.
5. Pending further orders of this Court, there shall be a stay on the order1 of the NCDRC insofar as the disbursal of the amount of Rs. 2 lakhs is concerned.
6. List the Special Leave Petition on 9 October 2020.
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1 Bajaj Allianz Life Insurance Co. Ltd. v. Dalbir Kaur, Revision Petition No. 522 of 2019, decided on 20-3-2020 (NCDRC)
