As per case facts, an insurance company repudiated a death claim, alleging the deceased insured concealed prior cancer. The nominee filed a complaint, and consumer forums found no proof of ...
CWP-24937-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.112
CWP-24937-2025 (O&M)
Date of decision: 27.08.2025
PNB Metlife India Insurance Company Limited and another
..... Petitioners
VERSUS
Mandeep Devi and another ..... Respondents
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
HON’BLE MR. JUSTICE DEEPINDER SINGH
NALWA
Present: Ms. Jasmine, Advocate for
Mr. Sanjeev Goyal, Advocate,
for the petitioners.
*****
DEEPINDER SINGH NALWA, J.
1. Challenge in the present writ petition is to the impugned
order dated 21.05.2025 (Annexure P-1) passed by the National Consumer
Disputes Redressal Commission, New Delhi (hereinafter referred to as the
‘NCDRC’) whereby, the order dated 14.05.2018 (Annexure P-8) passed
by the District Consumer Disputes Redressal Forum, Karnal (hereinafter
referred to as the ‘DCDRF’) and order dated 23.02.2024 (Annexure P-9)
passed by the State Consumer Disputes Redressal Commission, Haryana,
Panchkula (hereinafter referred to as the ‘SCDRC’) has been upheld
whereby, respondent-complainant was held entitled to the insured amount
of Rs.14,20,000/-. A further direction was also issued to the petitioners to
CWP-24937-2025 (O&M) 2
pay an amount to the tune of Rs.5,500/- on account of mental agony,
harassment suffered by the complainant and litigation expenses.
2. Brief facts of the present case are hereunder:-
That Sh. Rameshwar (since deceased), father of respondent-
complainant purchased a Life Insurance Policy No.21888607 “Met
Family Income Protect Plus” on 27.4.2016 for a sum of Rs.14,20,000/-
from the petitioners and had paid annual premium of Rs.8,212/- at Karnal
Branch. Respondent-complainant was the nominee in the said policy. At
the time of issuance of insurance policy, father (deceased/insured) of
respondent-complainant was hale and hearty, but unfortunately on
27.05.2016, the father of respondent-complainant naturally died due to
sudden heart attack. After death of the father (deceased/insured) of
respondent-complainant, being nominee, she submitted death claim after
completing all the necessary formalities.
3. The petitioners vide letter dated 31.12.2016, repudiated the
death claim of respondent-complainant on the ground that her father was
suffering from cancer prior to the issuance of the policy. Aggrieved
against the abovesaid letter, respondent-complainant filed a complaint
under Section 12 of the Consumer Protection Act, 1986 before the
DCDRF. In the complaint, the case of respondent-complainant was that
at the time of insurance, the insured is examined by the empanelled
Doctor and only then, the insurance policy is issued. As there was no
CWP-24937-2025 (O&M) 3
adverse report from the concerned doctor with regard to the insured,
therefore, letter dated 31.12.2016 vide which, the claim of respondent-
complainant was repudiated was illegal, arbitrary, null and void and is
liable to be set aside. It was also the case of respondent-complainant that
her father was not suffering from the alleged disease i.e. cancer, as such,
there was deficiency in service on part of the petitioners.
4. Upon notice, the petitioners filed a written statement before
the DCDRF. It was the case of the petitioners that the father
(deceased/insured) of respondent-complainant, after completely
understanding the terms and conditions of the insurance policy had
offered to pay premium. It was the case of the petitioners that proposal
form was explained to father (deceased/insured) of respondent-
complainant and he had given a declaration stating that he has furnished
the information after fully understanding the contents of the proposal
form and after understanding the terms and conditions of the policy/plan,
he applied for the same. It was also the case of the petitioners that father
(deceased/insured) of respondent-complainant had applied for the
policy/plan after making true and accurate disclosure of all the facts and
had not withheld any necessary information. Further, upon receipt of the
duly filled up proposal form and believing the information provided by
the father (deceased/insured) of respondent-complainant, as true, the
petitioners evaluated and processed the proposal form and issued the
policy on 27.04.2016 to the father (deceased/insured) of respondent-
CWP-24937-2025 (O&M) 4
complainant. It was also the case of the petitioners that if any untrue
statement was contained in the proposal form, the policy contract shall be
null and void and the money which was paid by the father
(deceased/insured) of respondent-complainant shall stand forfeited to
PNB Met Life India Insurance Company Limited. It was also the case of
the petitioners that as it was an early claim, as the father
(deceased/insured) of respondent-complainant had died within a short
span of only 30 days, there is a procedure to carry out an investigation to
settle the claim. During the course of investigation and assessment of the
claim, as per the petitioners, it was revealed that father (deceased/insured)
of respondent-complainant did not provide true and correct information in
regard to medical history while filling up his proposal form dated
26.04.2016. It was revealed that father (deceased/insured) of respondent-
complainant was suffering from cancer prior to the issuance of the policy.
Thus, the petitioners has rightly repudiated the claim of respondent-
complainant vide letter dated 31.12.2016 on the ground that false
information as to the material facts with respect to medical history was
furnished by the father (deceased/insured) of respondent-complainant at
the time of filling up of proposal form. If material fact was disclosed by
the father (deceased/insured) of respondent-complainant, due policy
would not have been issued on existing terms and as such, there is no
deficiency in service on the part of the petitioners and the complaint filed
by respondent-complainant was liable to be dismissed.
CWP-24937-2025 (O&M) 5
5. On consideration of the evidence led by the respective
parties, the DCDRF, Karnal vide order dated 14.05.2018 allowed the
complaint filed by respondent-complainant with a direction to the
petitioners to pay sum of Rs.14,20,000/- to respondent-complainant, with
a further direction to pay an amount to the tune of Rs.5,500/- on account
of mental agony, harassment suffered by her and for the litigation
expenses. The abovesaid order was to be complied within a period of 30
days from the date of receipt of copy of the order. Relevant extract of
order dated 14.05.2018 is reproduced below:-
“From the pleadings, evidence and submissions of the
parties, it is clear that the claim of the complainant has been
repudiated by the OPs vide letter dated 31.12.2016 Ex.R10 which
runs as under:-
Subject:- claim under policy No.21888507 on the life of late
Mr. Rameshwar
"This is with reference to the claim made under the above
mentioned policy on the life of Late Mr. Rameshwar.
We have reviewed and evaluated the claim and wish to bring
to your attention, that during the course of reviewing the claim, we
have received medical records which Indicate that Late Mr.
Rameshwar was suffering from Cancer prior to policy issuance.
However, the concerned question in the application form dated
26.04.2016, seeking insurance cover under this policy was answered
as "NO" by Late Mr. Rameshwar.
We wish to state that the above mentioned fact was a material
fact for the purposes of underwriting of the risk and that if this
material fact was disclosed to us in the application form, we would
not have issued the policy on existing terms. As you may be aware,
Insurance contracts are based on the principle of "utmost good
CWP-24937-2025 (O&M) 6
faith" and the policies are issued based on the representations made
in the application form and any non-disclosure or misrepresentation
in the application form, which are material for the purposes of
underwriting the risk, renders the contract voidable at the option of
the insurer.
Therefore, through this letter, we regret to Inform you that we
are unable to admit liability for the above claim due to non-
disclosure of material facts, as highlighted herein above, as per the
terms and conditions of the insurance policy."
8. From the repudiation letter it is clear that the repudiation
has been made on the ground of non-disclosure of material facts
regarding pre-existing disease as the OPs alleged that the DLA was
suffering from cancer prior to the issuance of the policy, therefore,
the onus to prove that the DLA was suffering from Cancer prior to
the issuance of the policy was upon the OPs. The OPs have
produced in their evidence documents Ex.R1 to Ex.R10. and affidavit
Ex.RW1/A. It is pertinent to mention here that the matter was got
invested by the OPs from Investigator i.e. SA Associates. The report
of the investigator is Ex.R7. The investigator has specifically
mentioned in his report that we were not provided any medical
paper from the nominee and the hospital. The investigator has not
attached with his report Ex.R7 any medical record regarding the
treatment of the DLA vide which it can be proved that the DLA was
suffering from Cancer, what to said that the DLA was suffering from
Cancer prior to the policy. The OPs have not placed any other
evidence on the file, from which it can be said that the DLA was
suffering from Cancer prior to taking the policy.
9. The complainant has produced the two authorities (i) the
copy of the decision dated 26.08.2011 of the Hon'ble Supreme
Court of India in Civil appeal no.7437 of 2011 (Arising out of
Special Leave Petition, (c) no.35382 of 2010 titled as P.Vankat
Naidu Versus Branch Manager, Life Insurance Corporation of
India, Kurnool and Another wherein it has been held that since the
respondents had come out with the case that the deceased did not
CWP-24937-2025 (O&M) 7
disclose correct facts relating to his illness, it was for them to
produce cogent evidence to prove the allegation. However, as found
by the District Forum and the State Commission, the respondents
did not produce any tangible evidence to prove that the deceased
had withheld Information about his hospitalization and treatment.
Therefore, the National Commission was not justified in interfering
with the concurrent finding recorded by the District Forum and the
State Commission by asking a wild guesswork that the deceased had
suppressed the facts relating to his illness. In the result, the appeal is
allowed.
10. The other authority is the copy of order dated 17.08.2016
passed by Hon'ble State Commission Haryana in first appeal
no.528 of 2016 titled as Life Insurance Corporation of India
Versus Sarojini and another which is also on the same footing. Both
these authorities are fully applicable to the facts of the present case.
So, in view of the aforesaid authorities as well as the facts and
circumstances of the case, we are of the considered view that the
OPs have failed to prove that the complainant, was suffering from
cancer prior to issuance of the policy, therefore, the OPs have
committed a mistake in repudiating the claim of the complainant.
Hence, the OPs are deficient in providing services to the
complainant.”
6. A perusal of the order passed by the DCDRF would show
that taking into consideration the report of the investigator dated
14.12.2016 (Ex.R7), it was held that no evidence was led by the
petitioners to show that father (deceased/insured) of respondent-
complainant was suffering from alleged disease i.e. cancer.
7. Aggrieved against the order dated 14.05.2018 passed by the
DCDRF, Karnal, the petitioners filed an appeal before the SCDRC.
CWP-24937-2025 (O&M) 8
8. It was the case of the petitioners before the SCDRC that
father (deceased/insured) of respondent-complainant had concealed the
material fact with regard to his previous medical history of being
suffering from cancer prior to the issuance of the policy in question. As
such, the claim submitted by respondent-complainant, who was the
nominee of the deceased under the policy, was rightly repudiated. It was
the case of the petitioners that the DCDRF had not appreciated the facts in
right perspective and has ignored the investigator’s report dated
14.12.2016 (Ex.R7). The appeal was also dismissed vide order dated
23.02.2024. The relevant extract of the order is reproduced below:-
“9. Learned counsel for the appellants has urged that there
was active concealment of material facts by deceased-life assured
Rameshwar with regard to his previous medical history of being
suffering from cancer, prior to issuance of policy in question. It is
urged that claim of complainant, who was nominee of deceased
under policy has been rightly repudiated. Learned District
Consumer Commission has not appreciated this fact in right
perspective and hence impugned order dated 14.05.2018 does not
carry any credence. It is urged that learned District Consumer
Commission has illegally ignored the investigator report dated
14.10.2016-Ex.R-7.
10. Refuting these contentions learned counsel for the
complainant/respondent has supported impugned order dated
14.05.2018 passed by learned District Consumer Commission by
urging that it is outcome of proper appreciation of facts and
evidence by it and same does not warrant any interference.
11. Admittedly, Rameshwar was deceased-life assured who
had obtained policy No. 21888607 from OPs with risk
commencement date from 27.04.2016. Admittedly, complainant-
CWP-24937-2025 (O&M) 9
daughter of deceased/life-assured was his nominee under policy. As
per plea of complainant; deceased life assured had suffered natural
death on 27.05.2016 due to sudden heart attack and complainant, in
her capacity of nominee, submitted death claim under policy to OPs.
Sole ground to justify repudiation of death claim by OPs is that:
deceased life assured had passed medical history of being suffering
from cancer, prior to issuance of policy in question, in his name. In
proposal form, he had not indicated anything with regard to his past
medical history.
12. Law on exclusion of insurer from policy is no more res
integra. It is, by now well settled legal proposition that if insurer
invokes exclusion from policy; then it (insurer) alone has to lead
specific positive evidence in order to establish its exclusion.
Reliance, in this regard can be placed upon ratio of law laid down
by Hon’ble Apex Court in case of National Insurance Company
Limited Vs. Vedic Resorts and Hotels Pvt. Ltd. in Civil Appeal
No.4979 of 2019 decided on 17.05.2023: wherein it has been held
that "It is trite to say that wherever such an exclusionary clause is
contained in a policy, it would be for the insurer to show that the
case falls within the purview of such clause"
13. Too much of emphasis in present appeal, has been laid by
insurer/appellants on investigator report dated 14.12.2016 -Ex. R-7.
Even, this report will not sub-serve any majestic cause of
insurer/appellants to sail them out from consequences flowing from
policy issued by it in favor of Rameshwar (deceased-life assured).
Material aspect of this report reads as under:-
"Vicinity Survey: We did strong vicinity survey and met
several persons without asking their name and contact number for
want of vital clue. They all stated that LA died due to throat cancer.
All knows him very well.
PGI, Rohtak- We visited hospital and met MRD in-charge
and asked him to trace record whether there is entry in the name of
LA. We visited hospital and met MRD in-charge and asked to trace
CWP-24937-2025 (O&M) 10
record whether there is entry in the name of LA but without IPD
number he showed us inability tracing record of any patient.
Doctors of village,
Dr. Rajesh-9050234681- Balbehra,
Dr. Jeela-09813063305- Balbehra,
We met above mentioned doctors and asked about LA
whether they treated LA before in any manner. They stated that they
do not know LA and never treated him before in any manner".
14. Investigator's report-Ex. R-7 also reflects that: interviews
were taken from neighbours/friends/workmates and their statements
were recorded. In this process, as per this report Ex.R-7 deceased
suffered from throat cancer and took treatment from-PGI-
Chandigarh. He suffered operation of throat in 2014. However, as it
is clear from. glancing at this report Ex.R-7 that: neither any record
from PGI-Rohtak concerning treatment of deceased life assured
could be secured, nor any record from PGI-Chandigarh regarding
throat cancer treatment of deceased life assured could be secured.
Had the investigator been apprised by neighbourers/friends and
workmates that deceased obtained treatment of throat cancer from
PGI-Chandigarh and had operation of throat in year 2014, then at
least, it was expected from investigator to make an effort to lay his
hand on above quality medical record from PGI-Chandigarh
concerning life assured, but he failed in that arena. Much less than
that two doctors of village of deceased life assured had revealed to
investigator that they never treated deceased life assured in any
manner and there is no specific reference of person(s), by his/their
name, address etc. who revealed to investigator that life assured
died due to throat cancer. Collectively, Investigator report Ex.R-7 is
unambiguous and uncertain with regard alleged past history of
deceased life assured being a cancer patient, prior to obtaining
policy from OPs/appellants. This being so, it is established and
proved that insurer/appellants had not led any cogent and
convincing evidence in order to prove its pleaded case that deceased
life assured has past medical history of being a patient of cancer.
CWP-24937-2025 (O&M) 11
Hon’ble Apex Court in case titled as P. Vankat Naidu Vs. Branch
Manager, LIC, Kurnool and another in Civil Appeal No.7437 of
2011 decided on 26.08.2011 has held:-
“since the respondents had come out with the case that the
deceased did not disclose correct facts relating to his illness, it was
for them to produce cogent evidence to prove the allegation.
However, as found by the District Forum and the State Commission,
the respondents did not produce any tangible evidence to prove that
the deceased had withheld information about his hospitalization and
treatment. Therefore, the National Commission was not justified in
interfering with the concurrent finding recorded by the District
Forum and the State Commission by asking a wild guesswork that
the deceased had suppressed the facts relating to his illness. In the
result, the appeal is allowed.
15. In opinion of this Commission, above cited judgments
squarely cover this case and on applying the ratio laid down to this
case, the only inescapable conclusion is that appellants/insurer have
failed to prove its case with regard to its exclusions from policy. It is
established that appellants cannot avoid their liability to pay the
insured amount of Rs. 14,20,000/ to complainant (nominee of
deceased-life assured) under policy. Direction to pay amount of
Rs.5500/- to complainant also does not warrant any interference.
Learned District Consumer Commission has meticulously analyzed
all relevant facets of controversy and has rightly non-suited
insurer/appellants through order dated 14.05.2018. There is no
fallacy in the approach of learned District Consumer Commission.
Impugned order dated 14.05.2018 is upheld, maintained and
affirmed. Present appeal being devoid of merits is hereby dismissed.
9. A perusal of the order dated 23.02.2024 passed by the
SCDRC would show that the SCDRC has held that if the insurer invokes
exclusion from the policy in that case, the insurer alone has to lead the
CWP-24937-2025 (O&M) 12
specific positive evidence in order to establish its exclusion. It was held
that as no cogent and convincing evidence was led by the petitioners to
prove that father (deceased/insured) of respondent-complainant was
suffering from cancer before due issuance of the policy. As such, there
was no illegality, and infirmity in the order passed by the DCDRF.
10. Aggrieved against the order dated 23.02.2024 passed by the
SCDRC, the petitioners filed an appeal before the NCDRC. The said
appeal was also dismissed by the NCDRC vide order dated 21.05.2025.
A perusal of the order passed by NCDRC would show that the
investigator’s report dated 14.12.2016 (Ex.R7) was duly taken into
consideration, as there was no records traceable with regard to the alleged
ailment i.e. cancer of father (deceased/insured) of respondent-
complainant, as such, no error or perversity was found in the order passed
by the DCDRF. Relevant extract of the order passed by the NCDRC is
reproduced below:-
“The State Commission recorded findings in paragraphs
13 and 14 and dismissed the appeal. Paragraphs 13 and 14 of the
order are extracted hereunder:
"13. Too much of emphasis in present appeal, has been laid
by insurer/appellants on investigator report dated 14.12.2016-Ex.R-7. Even, this report will not sub-serve any majestic cause of
insurer/appellants to sail them out from consequences flowing
from policy issued by it in favor of Rameshwar (deceased-life
assured). Material aspect of this report reads as under:-
"Vicinity Survey:
We did strong vicinity survey and met
several persons without asking their name and contact number for
CWP-24937-2025 (O&M) 13
want of vital clue. They all stated that LA died due to throat
cancer. All knows him very well.
PGI, Rohtak- We visited hospital and met MRD in-charge
and asked him to trace record whether there is entry in the name
of LA. We visited hospital and met MRD in-charge and asked to
trace record whether there is entry in the name of LA but without
IPD number he showed us inability tracing record of any patient.
Doctors of village
Dr. Rajesh-9050234681-Balbehra
Dr. Jeela-09813063305-Balbehra
We met above mentioned doctors and asked about LA
whether they treated LA before in any manner. They stated that
they do not know LA and never treated him before in any
manner."
14. Investigator's report-Ex. R-7 also reflects that:
interviews were taken from neighbours/ friends/ workmates and
their statements were recorded. In this process, as per this report
Ex. R-7 deceased suffered from throat cancer and took treatment
from PGI-Chandigarh. He suffered operation of throat in 2014.
However, as it is clear from glancing at this report Ex.R-7 that:
neither any record from PGI-Rohtak concerning treatment of
deceased life assured could-be secured, nor any record from PGI-
Chandigarh regarding throat cancer treatment of deceased life
assured could be secured. Had the investigator been apprised by
neighbourers/friends and workmates that deceased obtained
treatment of throat cancer from PGI-Chandigarh and had
operation of throat in year 2014, then at least, it was expected
from investigator to make an effort to lay his hand on above
quality medical record from PGI-Chandigarh concerning life
assured, but he failed in that arena. Much less than that two
doctors of village of deceased life assured had revealed to
investigator that they never treated deceased life assured in any
manner and there is no specific reference of person(s), by
CWP-24937-2025 (O&M) 14
his/their name, address etc. who revealed to investigator that life
assured died due to throat cancer. Collectively, Investigator
report Ex.R-7 is unambiguous and uncertain with regard alleged
past history of deceased life assured being a cancer patient, prior
to obtaining policy from OPs/appellants. This being so, it is
established and proved that insurer/appellants had not led any
cogent and convincing evidence in order to prove its pleaded case
that deceased life assured has past medical history of being a
patient of cancer. Hon'ble Apex Court in case titled as P. Vankat
Naidu Vs. Branch Manager, LIC, Kurnool and another in Civil
Appeal No. 7437 of 2011 decided on 26.08.2011 has held:-
"since the respondents had come out with the case that the
deceased did not disclose correct facts relating to his illness, it
was for them to produce cogent evidence to prove the allegations.
However, as found by the District Forum and the State
Commission, the respondents did not produce any tangible
evidence to prove that the deceased had withheld information
about his hospitalization and treatment. Therefore, the National
Commission was not justified in interfering with the concurrent
finding recorded by the District Forum and the State Commission
by asking a wild guesswork that the deceased had suppressed the
facts relating to his illness. In the result, the appeal is allowed."
What we find is that no material was placed either before
the District Commission or before the State Commission to
support the recital of any medical records available to establish
the previous ailment of the Insured as alleged by the Insurance
Company. When the Insurance Company has taken a stand on the
basis of its Investigator's report to repudiate the claim then the
burden lies on the Insurance Company to prove it to the hilt.
The issue of discharge of burden of proof has been very
recently dealt with by the Apex Court in the case of Mahakali
Sujatha Vs. Branch Manager, Future Generali India Life
Insurance Co. Ltd. & ANR., (2024) 8 SCC 712, and then
CWP-24937-2025 (O&M) 15
subsequently in the case of Mahaveer Sharma Vs. Exide Life
Insurance Co. Ltd. and Anr. 2025 SCC OnLine SC 435. A
perusal of the said judgments would also indicate that if the
Insurance Company has relied on some material, then the onus
lay on them to discharge the burden of proof.
We have once again read the Investigator's report as
extracted in paragraph-13 of the State Commission's order and
quoted hereinabove. It is evident that no records were traceable
with regard to the alleged ailment and, as noted above, the
Insurance Company did not even file the affidavit of the
Investigator regarding the said allegation. Thus, there was a
complete absence of any proof of past ailment as alleged by the
Insurance Company and therefore we do not find any error or
perversity in the findings recorded by the District Commission or
the State Commission on this count.
In the exercise of revisional jurisdiction, we do not find any
such material irregularity or illegality so as to interfere with the
aforesaid findings of fact in the absence of any such evidence. As
a matter of fact, there is no such material placed even before this
Commission to take a view to the contrary.
Learned counsel for the Insurance Company urged that
before the State Commission they had moved an application for
summoning of the record from the PGI. It is submitted that the
State Commission failed to exercise its discretion thereby causing
prejudice to the petitioners/Insurance Company who had also
unable to acquire the information from the hospital in spite of
having moved an RTI application. The State Commission is not
supposed to permit the filling up of any lacuna or to generate any
evidence for the benefit of the Insurance Company where it does
not exist. The Investigator's report therefore did not inspire any
confidence as the Investigator himself had not filed any affidavit
indicating as to how he had made an attempt to obtain the record
from the hospital. The Insurance Company therefore was
CWP-24937-2025 (O&M) 16
completely lacking this obligation to prove the case of the alleged
suppression of past ailment and in such circumstances the
argument raised on behalf of the Insurance Company cannot be
countenanced.
The revision petition has no merits and for all the reasons
given hereinabove the revision petition is dismissed. Pending
application, if any, also stands disposed of.”
11. Aggrieved against the order dated 21.05.2025 passed by the
NCDRC, the petitioners have filed the present writ petition.
12. Learned counsel appearing on behalf of the petitioners has
argued that as there was an active concealment of material fact by the
father (deceased/insured) of respondent-complainant with regard to his
previous medical history of being suffering from cancer prior to issuance
of the policy in question, as such, the action of the petitioners in
repudiating the death claim of respondent-complainant vide letter dated
31.12.2016 (Annexure P5) was legal and valid. No other argument has
been raised.
13. We have heard the learned counsel appearing on behalf of the
petitioners and gone through the documents available on the record.
14. A perusal of the facts of the case would show that the death
claim as claimed by respondent-complainant was repudiated vide letter
dated 31.12.2016 on the ground that the false information as to the
material facts with respect to medical history of father (deceased/insured)
of respondent-complainant was concealed at the time of filling up of
CWP-24937-2025 (O&M) 17
proposal form. Relevant extract of the letter dated 31.12.2016 is
reproduced below:-
“Subject:- Claim under policy No.21888607 on the life of
Late Mr. Rameshwar
"This is with reference to the claim made under the above
mentioned policy on the life of Late Mr. Rameshwar.
We have reviewed and evaluated the claim and wish to bring
to your attention, that during the course of reviewing the claim, we
have received medical records which indicate that Late Mr.
Rameshwar was suffering from Cancer prior to policy issuance.
However, the concerned question in the application form dated
26.04.2016, seeking insurance cover under this policy was answered
as "NO" by Late Mr. Rameshwar.
We wish to state that the above mentioned fact was a material
fact for the purposes of underwriting of the risk and that if this
material fact was disclosed to us in, the application form, we would
not have issued the policy at all. As you may be aware, Insurance
contracts are based on the principle of "utmost good faith" and the
policies are issued based on the representations made in the
application form and any non-disclosure or misrepresentation in the
application form, which are material for the purposes of
underwriting the risk, renders the contract voidable at the option of
the insurer.
Therefore, through this letter, we regret to inform you that we
are unable to admit liability for the above claim due to non-
disclosure of material facts, as highlighted herein above, as per the
terms and conditions of the Insurance policy."
15. A perusal of the letter dated 31.12.2016 would show that as
per the petitioners, if the material fact was disclosed to the petitioners in
regard to alleged disease being suffered by father (deceased/insured) of
CWP-24937-2025 (O&M) 18
respondent-complainant before issuance of insurance policy/plan, the
insurance policy would have not been issued on the existing terms and
conditions and any non-disclosure or misrepresentation in the application
form, which were material for the purpose of underwriting the risk,
rendered the contract voidable. Investigator’s report dated 14.12.2016
(Ex.R7) was taken into consideration while repudiating the claim of the
respondent-complainant. It is a well settled law that if insurer invokes
exclusion from policy, then insurer alone has to lead specific positive
evidence in order to establish its exclusion. A perusal of the investigator’s
report dated 14.12.2016 (Ex.R7) would also show that information was
taken from the neighbourers, friends and workmates and their statements
were also recorded. As per the information, father (deceased/insured) of
respondent-complainant suffered from cancer and took treatment from
PGI, Chandigarh and PGI, Rohtak.
16. A perusal of the investigator’s report would also reveal that
there was no evidence to prove that father (deceased/insured) of
respondent-complainant was suffering from the alleged ailment i.e. cancer
before issuance of insurance policy/plan. There were no hospital records
available or any doctor’s prescription that pre-date the insurance policy in
order to prove that the father (deceased/insured) of respondent-
complainant was suffering from cancer. In the absence of any evidence
led by the petitioners to prove that father (deceased/insured) of
respondent-complainant was suffering from cancer, it cannot be held that
CWP-24937-2025 (O&M) 19
the father of respondent-complainant was suffering from the alleged
ailment of cancer before issuance of insurance policy/plan. It is well
settled law that a person/insured may be entitled to claim provided that
there is no evidence to prove direct link between the disease and the cause
of death. A perusal of the case would show that no evidence was led by
the petitioners to prove that there was a link of alleged disease which led
to death of father (deceased/insured) of the respondent-complainant
17. The Hon’ble Supreme Court in Mahakali Sujata Vs. The
Branch Manager, Future Generali India Life Insurance Company
Limited and another, 2024 (2) RCR (Civil) 554, has categorically held
that it is for the insurer to prove before the Court that the insured had
suppressed the information about the previous policies or any material
fact. Therefore, burden of proof has to be duly discharged by the insurer.
The relevant extracts are reproduced herein:-
“41. At this stage, we may also dilate on the aspect of burden
of proof. Though the proceedings before the Consumer Fora are in
the nature of a summary proceeding. Yet the elementary principles
of burden of proof and onus of proof would apply. This is relevant
for the reason that no corroborative evidence to what has been
deposed in the affidavit is let in by the insurance company in order
to establish a valid repudiation of the claim in the instant
case.
Section 101 of the Evidence Act, 1872 states that whoever
desires any Court to give judgment as to any legal right or liability
dependent on the existence of facts which he asserts, must prove that
those facts exist. When a person is bound to prove the existence of
any fact, it is said that the burden of proof lies on that person. This
Section clearly states that the burden of proving a fact rests on the
CWP-24937-2025 (O&M) 20
party who substantially asserts the affirmative of the issue and not
upon the party who denies it; for a negative is usually incapable of
proof. Simply put, it is easier to prove an affirmative than a negative.
In other words, the burden of proving a fact always lies upon the
person who asserts the same. Until such burden is discharged, the
other party is not required to be called upon to prove his case. The
court has to examine as to whether the person upon whom burden
lies has been able to discharge his burden. Further, things which are
admitted need not be proved. Whether the burden of proof has been
discharged by a party to the lis or not would depend upon the facts
and circumstances of the case. The party on whom the burden lies
has to stand on his own and he cannot take advantage of the
weakness or omissions of the opposite party. Thus, the burden of
proving a claim or defence is on the party who asserts it.
42. Section 102 of the Evidence Act, 1872 provides a test
regarding on whom the burden of proof would lie, namely, that the
burden lies on the person who would fail if no evidence were given
on either side. Whenever the law places a burden of proof upon
a party, a presumption operates against it. Hence, burden of proof
and presumptions have to be considered together. There are
however exceptions to the general rule as to the burden of proof as
enunciated in Sections 101 and 102 of the Evidence Act, 1872, i.e.,
in the context of the burden of adducing evidence: (i) when a
rebuttable presumption of law exists in favour of a party, the onus is
on the other side to rebut it; (ii) when any fact is especially within
the knowledge of any person, the burden of proving it is on him
(Section 106). In some cases, the burden of proof is cast by statute
on particular parties (Sections 103 and 105).
43. There is an essential distinction between burden of proof
and onus of proof; burden of proof lies upon a person who has to
prove the fact and which never shifts but onus of proof shifts. Such a
shifting of onus is a continuous process in the evaluation of
evidence. For instance, in a suit for possession based on the title,
once the plaintiff has been able to create a high degree of
CWP-24937-2025 (O&M) 21
probability so as to shift the onus on the defendant, it is for the
defendant to discharge his onus and in the absence thereof, the
burden of proof lying on the plaintiff shall be held to have been
discharged so as to amount to proof of the plaintiff’s title
vide RVE Venkatachala Gounder vs. Arulmigu Viswesaraswami
and VP Temple, (2003) 8 SCC 752.
44. In a claim against the insurance company for
compensation, where the appellants in the said case had discharged
the initial burden regarding destruction, damage of the showroom
and the stocks therein by fire and riot in support of the claim under
the insurance policy, it was for the insurance company to disprove
such claim with evidence, if any, vide Shobika Attire vs. New India
Assurance Co. Ltd., (2006) 8 SCC 35.
45. Section 103 of the Evidence Act, 1872 states that the
burden of proof as to any particular fact lies on that person who
wishes the Court to believe in its existence, unless it is provided by
any law that the proof of that fact shall lie on any particular person.
This Section enlarges the scope of the general rule in Section
101 that the burden of proof lies on the person who asserts the
affirmative of the issue. Further, Section 104 of the said Act states
that the burden of proving any fact necessary to be proved in order
to enable any person to give evidence of any other fact is on the
person who wishes to give such evidence. The import of this Section
is that the person who is legally entitled to give evidence has the
burden to render such evidence. In other words, it is incumbent on
each party to discharge the burden of proof, which rests upon him.
In the context of insurance contracts, the burden is on the insurer to
prove the allegation of non-disclosure of a material fact and that the
non-disclosure was fraudulent. Thus, the burden of proving the fact,
which excludes the liability of the insurer to pay compensation, lies
on the insurer alone and no one else.
46. Section 106 of the Evidence Act, 1872 states that when
any fact is especially within the knowledge of any person, the burden
of proving that fact is upon him. This Section applies only to parties
CWP-24937-2025 (O&M) 22
to the suit or proceeding. It cannot apply when the fact is such as to
be capable of being known also by persons other than the parties.
(Source: Sarkar, Law of Evidence, 20th Edition, Volume-2,
LexisNexis).
47. In light of the aforesaid discussion on burden of proof, it
has to be analysed if the respondent in the present case has
adequately discharged his burden of proof about the fact of
suppression of previous life insurance policies of the insured.
48. The respondent insurance company has produced no
documentary evidence whatsoever before the District Forum to
prove its allegation that the insured had taken multiple insurance
policies from different companies and had suppressed the same. The
District Forum had therefore concluded that there was no
documentary evidence to show that the deceased-life insured had
taken various insurance policies except an averment and on that
basis the repudiation was held to be wrong. Before the State
Commission, the respondent had provided a tabulation of the 15
different policies taken by the insured-deceased, amounting to
Rs.71,27,702/-. The same has been extracted above. However, the
said tabulation was not supported by any other documentary
evidence, like the policy documents of these other policies, or
pleadings in courts, or such other corroborative evidence. The
respondent sought to mark a bunch of documents before the State
Commission, which related to the policy papers of the insured with
another insurer, i.e., Kotak Life Insurance. However, the respondent
was not granted permission by the State Commission, as the said
documents were neither original, nor certified, nor authenticated.
Apart from this, there was no effort made by the respondent to bring
any authenticated material on record. Thus, in the absence of any
evidence to prove that the insured-deceased possessed some
insurance policies from other insurance companies, the State
Commission upheld the decision of the District Forum in setting
aside the repudiation of the claim by the respondent.
CWP-24937-2025 (O&M) 23
49. Before the NCDRC, the respondent again provided the
aforesaid tabulation of policies of the insured-deceased. The
respondents in their affidavit stated that the insured-deceased had
taken multiple insurance policies before taking the policy from them.
The NCDRC however accepted the averment of the respondents,
without demanding corroborative documentary evidence in support
of the said fact. The NCDRC, on the contrary, also held that the fact
about multiple policies was not dealt with by the appellant in her
complaint or evidence affidavit and this therefore proved that the
insured had indeed taken the policies from multiple companies as
claimed by the respondents.
50. The aforesaid approach adopted by the NCDRC is, in our
view, not correct. The cardinal principle of burden of proof in the
law of evidence is that “he who asserts must prove”, which
means that if the respondents herein had asserted that the insured
had already taken fifteen more policies, then it was incumbent on
them to prove this fact by leading necessary evidence. The onus
cannot be shifted on the appellant to deal with issues that have
merely been alleged by the respondents, without producing any
evidence to support that allegation. The respondents have merely
provided a tabulation of information about the other policies held by
the insured-deceased. The said tabulation also has missing
information with respect to policy numbers and issuing dates and
bears different dates of births. Further, this information hasn’t been
supported with any other documents to prove the averment in
accordance with law. No officer of any other insurance company
was examined to corroborate the table of policies said to have been
taken by the deceased policy holder, father of the appellant herein.
Moreover, the table produced is incomplete and contradictory as far
as the date of birth of the insured is concerned. Therefore, in our
view, the NCDRC could not have relied upon the said tabulation and
put the onus on the appellant to deal with that issue in her complaint
and thereby considered the said averment as proved or proceeded to
prove the stance of the opposite party. A fact has to be duly proved
CWP-24937-2025 (O&M) 24
as per the Evidence Act, 1872 and the burden to prove a fact rests
upon the person asserting such a fact. Without adequate evidence to
prove the fact of previous policies, it was incorrect to expect the
appellant to deal with the said fact herself in the complaint or the
evidence affidavit, since as per the appellant, there did not exist any
previous policy and thus, the onus couldn’t have been put on the
appellant to prove what was non-existent according to the appellant.
51. The respondents, vide their counter affidavit before this
court, have sought to produce some documents to substantiate their
claim of other existing insurance policies of the insured- deceased,
but the same cannot be permitted to be exhibited at this stage, that
too, in an appeal filed by the complainant who is the beneficiary
under the policies in question. Any documentary evidence sought to
be relied upon by the respondent ought to have been led before the
District Forum but the same was not done. It was before the District
Forum that the evidence was led and examined and at that stage, the
respondent did not take adequate steps to lead any oral or
documentary evidence to prove their assertion. Their attempt to
annex documents in support of their claim before the State
Commission was also declined due to the presentation of
unauthenticated documents. Therefore, it can be safely concluded
that the respondents have failed to adequately prove the fact that the
insured-deceased had fraudulently suppressed the information about
the existing policies with other insurance companies while entering
into the insurance contracts with the respondents herein in the
present case. Therefore, the repudiation of the policy was without
any basis or justification.”
18. A High Court while exercising its power of judicial review
against the order passed by the NCDRC, exercises a limited revisional
jurisdiction and interfere only in the cases where, there is an error
CWP-24937-2025 (O&M) 25
apparent in law or there is an illegality, impropriety or perversity in the
impugned order.
19. Since no defect in the order passed by the NCDRC has been
pointed out during the course of arguments and there is no evidence to
hold that the orders suffers from any illegality, impropriety or perversity
or incorrect appreciation of the evidence brought on record, we find that
there are no sufficient grounds existing in the present writ petition to call
for any interference in the order dated 21.05.2025 (Annexure P-1) passed
by the NCDRC, order dated 23.02.2024 (Annexure P-9) passed by
SCDRC and order dated 14.05.2018 (Annexure P-8) passed by DCDRF.
Accordingly, the present writ petition is dismissed in limine.
Pending miscellaneous application(s), if any, also stand(s)
disposed of.
(GURVINDER SINGH GILL) (DEEPINDER SINGH NALWA)
JUDGE JUDGE
27.08.2025
Ramandeep Singh
Whether speaking / reasoned Yes
Whether Reportable Yes
Legal Notes
Add a Note....