The insurance form was filled up by the agent of Insurance Company. The insured contented that he had given all the details of the existing diseases; but the agent filled according to his will. The insured only signed the document.
The Permanent Lok Adalath Ernakulam Bench held that, the onus to prove that there is suppression from the part of insured while filling up the application form is on the part of the Insurance Company. It was also held that, the Insurance company has to prove that the suppression is with fraudulent intention. D Pappachan chaired the Bench.
Judgment - Permanent Lok Adalath
The Permanent Lok Adalath Ernakulam Bench held that, the onus to prove that there is suppression from the part of insured while filling up the application form is on the part of the Insurance Company. It was also held that, the Insurance company has to prove that the suppression is with fraudulent intention. D Pappachan chaired the Bench.
Judgment - Permanent Lok Adalath
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