Gurjit Kaur Malhotra v Union of India and others
Punjab And Haryana High Court
4 July 2013
Civil Writ Petition No. 24475 of 2011
The Judgment was delivered by : Tejinder Singh Dhindsa, J.
1. The deceased-husband of the petitioner while serving as Supdt. (BR-II) with the General Reserve Engineering Force had taken a Postal Life Insurance Policy for Rs.1 lac on 13.9.2007 with a monthly premium of ‘1795/-. The maturity date of the Policy was 12.9.2012. Unfortunately, the husband of the petitioner died on 29.8.2010.
2. The instant petition has been filed impugning the order dated 27.1.2011, Annexure P6, whereby the claim of the petitioner in relation to the afore-noticed Post Office Insurance Policy has been rejected on the ground that the deceased- husband was not medically fit at the time of taking the Policy as he was suffering from Hypertension and Obesity and had been placed in low medical category i.e. GREF-II (PNT) w.e.f. 11.8.1992. 3. Mr. Dhiraj Chawla, Advocate appearing for the petitioner, would vehemently argue that the husband of the petitioner had served respondent-Department for a period of almost 25 years and as such, it would be presumed that he was hale and hearty for all intents and purposes and as such, the rejection of the insurance claim at a point of time when the family was in dire need of monetary compensation, is arbitrary. It has further been argued that the petitioner was declared medically fit at the time of initial entry into service and any alleged disease of Obesity and Hypertension would be attributable to his service and the financial benefits flowing from a Life Insurance Policy cannot be denied on the basis of any such disease. Still further, argument has been raised that the deceased-husband of the petitioner was in employment of respondent-Department and it was the onus of the respondents to have acquired knowledge as regards any medical problem and once having accepted the monthly premium, the benefits flowing from policy cannot be denied on mere technicalities.
4. Per contra, Ms.Anjali Kukar, Central Government Standing counsel would refer to the written statement filed on behalf of Union of India-respondents and would submit that the deceased-husband of the petitioner had procured the Life Insurance Policy by concealing vital information as regards his medical condition. Learned counsel would state that the official concerned had been placed in low medical category (GREF-II) PNT on account of suffering from primary Hypertension and Obesity w.e.f. 11.8.1992 and such factual position had been deliberately concealed. Learned counsel has also referred to document at Annexure R1 appended along with the written statement to submit that the husband of the petitioner had submitted a false medical declaration which was in contravention of the Government of India Post Office Insurance Rules, 2011 governing wrong information/suppression of factual information and which, in turn, has rendered the contract void and also liable to forfeiture of the payments towards premium made by him.
5. Having heard learned counsel for the parties at length, I am of the considered view that no case for interference is made out in the present case.
6. The deceased-husband of the petitioner having been placed in a low medical category prior to the availing of Postal Life Insurance Policy stands undisputed. The declaration of the deceased-husband of the petitioner, dated 28.8.2007, while taking the Policy in question has been placed on record. Clause 15 and 16 of such declaration would be relevant and are in the following terms:
“15. Personal History:
(a) Are you at present in Sound Health: (Yes)
(b) Have you suffered from any of the following: Insanity, Tuberculosis, Cancer, Diabetes, Kidney Diseases, Paralysis, Hypertension, HIV/AIDS,any other serious disease, any disease of brain, any physical deformity or handicap, any disease of heart or lung: (No) If yes, give details.
16. I DO HEREBY DECLARE THAT:-
(i) I am in good health and free from disease, that I have not had any serious illness or major operation for the last three years and that no proposal of insurance on my life has ever been adversely treated.
(ii) I do hereby declare that the foregoing statements made are true to the best of my knowledge and belief. In case I have willfully made any untrue statement or have concealed any circumstances with regard to which information has been required from me then all the premia which shall have been paid by me shall be forfeited and the contract rendered absolutely null and void.
(iii) I ALSO DECLARE THAT MY PRESENT MEDICAL CATEGORY IS AYE/SHAPE-I. Dated at c/o 56/99 APO the 28 date of Aug. 2007.”
7. Clearly, the declaration made by the deceased- husband of the petitioner was factually false. Even though on the date of making the declaration i.e. 28.8.2007, the deceased- husband of the petitioner had already been placed in the low medical category (GREF-II) PNT, yet he declared himself in a sound state of health. That apart, in clause 15 of the declaration a categoric poser had been raised as to whether he had been suffering from any of the medical conditions including Hypertension and he again chose to declare in the negative, which was again contrary to his medical condition at the relevant point of time on account of which he had been placed in the low medical category. As per clause 16 of the declaration, the deceased-husband of the petitioner was aware that if he had made untrue statement or concealed any information in relation to his medical condition, then the premium made by him would stand forfeited and the contract would be rendered null and void.
8. In the light of such undisputed factual position, no infirmity can be found in the action of the respondent-authorities in rejecting the claim of the petitioner as regards the benefits under the Postal Life Insurance Policy which the deceased- husband had taken by concealing relevant information with regard to his medical condition.
9. No basis for interference has been made out. Writ petition is, accordingly, dismissed.
Petition dismissed
