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The National Consumer Disputes Redressal Commission (NCDRC) had held that insurance claim cannot be denied on the ground of common lifestyle diseases such as diabetes or hypertension but that does not give right to the insured to suppress information in respect of such diseases.

The commission also reiterated that suppression of any information relating to pre-existing disease if it has not resulted in death or has no direct relationship to cause of death, would not completely disentitle the claimant from claiming the insured amount.

NCDRC member Prem Narain said so while deciding the appeal of one Neelam Chopra, a resident of Mohali in Punjab.

Her husband had taken an LIC policy in the year 2003 and after being medically examined by a panel of doctors, he was issued the policy w.e.f. 25.12.2002 to 25.6.2026.

The husband of the complainant died on January 7, 2004 due to cardio-respiratory arrest. Her claim was rejected by LIC on the ground that the insured had suppressed material information regarding his health at the time of effecting the policy as he suffered from diabetes and LL Hansen’s disease.

When Neelam moved the District Forum, LIC was told to pay her the insurance claim amount of Rs 5 lakh along with 12 per cent interest besides Rs 25,000 as compensation for mental agony and Rs 5,000 as cost of litigation. The State Commission of Haryana allowed the appeal moved by LIC. This is when Neelam moved NCDRC. The NCDRC noted, “…the Deceased Life Assured (DLA) died on 07.01.2004 and therefore, the disease on account of which the death occurred was not prevailing on the date of filing of the proposal form as the proposal form was filled on 24.01.2003. It has also been alleged that the DLA was suffering from diabetes as mentioned in the treatment record of PGI Chandigarh. He was suffering for 3-4 years from diabetes. In the certificate of Medical Attendance, it is also mentioned that the DLA was suffering from diabetes, however, diabetes was under control. “So far as the life style diseases like diabetes and high blood pressure are concerned”, the Commission quoted from the Delhi High Court judgment in case titled Hari Om Agarwal Vs. Oriental Insurance Co. Ltd., wherein it was held that, “Insurance- Mediclaim-ReimbursementPresent Petition filed for appropriate directions to respondent to reimburse expenses incurred by him for his medical treatment, in accordance with policy of insurance- Held, there is no dispute that diabetes was a condition at time of submission of proposal, so was hypertension-Petitioner was advised to undergo ECG, which he did- Insurer accepted proposal and issued cover note- It is universally known that hypertension and diabetes can lead to a host of ailments, such as stroke, cardiac disease, renal failure, liver complications depending upon varied factors- That implies that there is probability of such ailments, equally they can arise in non-diabetics or those without hypertension. It would be apparent that giving a textual effect to Clause 4.1 of policy would in most such cases render mediclaim cover meaningless- Policy would be reduced to a contract with no content, in event of happening of contingency”.

The commission, therefore, held that it was clear that “the insurance claim cannot be denied on the ground of these lifestyle diseases that are so common. However, it does not give any right to the person insured to suppress information in respect of such diseases. The person insured may suffer consequences in terms of the reduced claims.” It also relied on Supreme Court’s decision in Sulbha Prakash Motegaonkar and Ors. Vs. Life Insurance Corporation of India to say that, “… suppression of any information relating to pre-existing disease if it has not resulted in death or has no direct relationship to cause of death, would not completely disentitle the claimant for the claim”. The commission, therefore, set aside the order of the state commission and modified the order of the district forum to the extent that LIC was told to pay only the insurance amount of Rs 5 lakh and compensation of Rs 25,000 along with litigation cost of Rs 5,000. Interest at the rate of 8 per cent would be attracted only if the LIC fails to comply with the order within 45 days.

Courtesy: www.livelaw.in

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Sonipat (Haryana), May 18 (PTI): The arrest of Ashoka University associate professor Ali Khan Mahmudabad over his online posts on Operation Sindoor triggered condemnation from opposition leaders and academicians, with TMC MP Mahua Moitra saying that they will move court against the Haryana government's action.

Mahmudabad, head of the political science department at the private university, was arrested on Sunday after two FIRs were lodged on stringent charges, including endangering sovereignty and integrity, for his social media posts related to Operation Sindoor, police and his lawyer said.

AIMIM leader Asaddudin Owaisi and Trinamool Congress MP Moitra were among those who condemned the arrest.

"Haryana police reportedly arrested him from Delhi, violating legal process. This targets an individual for his opinions; his post wasn't anti-national or misogynistic. A mere complaint by a BJP worker made Haryana police take action," Owaisi said on X.

TMC leader Moitra said they will move the court against the arrest.

"Horrified at arrest of distinguished scholar & academic Prof @Mahmudabad - has this bigoted govt & @police_haryana totally lost it? We are moving court asap (sic)," she said on X.

The CPI(M) also attacked the Modi government over the issue.

In a post on X, the Left party said, "We condemn the arrest of professor Ali Khan Mahmudabad for his social media post against hate. While hate-mongers like Vijay Shah (Madhya Pradesh minister) roam free, those calling for justice and peace are targeted in Modi's India."

Meanwhile, the Faculty Association of Ashoka University strongly condemned the Mahmudabad's arrest on "groundless and untenable charges".

"We condemn the calculated harassment to which Professor Mahmudabad has been subjected: after being arrested early in the morning from his home in New Delhi, he was taken to Sonipat, not allowed access to necessary medication, and driven around for hours without any communication about his whereabouts," the association said in a statement.

"We demand the immediate and unconditional release of Professor Mahmudabad and the dropping of all charges against him," it said.

The Jawaharlal Nehru University Teachers' Association (JNUTA) condemned the arrest of Mahmudabad and demanded his immediate release.

"The JNUTA expresses its outrage at the wholly unwarranted arrest by the Haryana Police of Dr Khan. This arrest, purportedly on the basis of a complaint by a leader of the ruling party, follows soon after the Haryana State Commission for Women acted way beyond its jurisdiction in taking suo motu cognisance of some statements made by Professor Khan," it said in a statement.

On Saturday, Mahmudabad reposted on his X handle "an open letter signed by over 1,200 people, including academics, politicians, and civil servants" who, he said, expressed support for him and demanded that the Haryana Women's Commission retract its summons to him and issue an apology.

Mahmudabad had mentioned in his post that "it is heartening and humbling to see this cross-sectional support. My profound thanks to the 1200+ people who have signed, called and written in support, especially faculty and students".

Swaraj India leader and political activist Yogendra Yadav termed the associate professor's arrest as "shocking".

"Shocking, this arrest of Prof Ali Kahn Mahmudabad, Ashoka University," Yadav posted on X and asked what is "anti-women" about his post and how does this spread religious hatred or strife.

"And how on earth does it constitute an "Act endangering sovereignty, unity and integrity of India?" he said.

"...What's the message? While Prof Khan has been arrested, has anything happened to the MP minister who actually insulted Col Sofia? What's the real message?" Yadav said in his post.

Mahmudabad's arrest came days after the Haryana State Commission for Women sent a notice to the associate professor questioning his remarks, though Mahmudabad had maintained that they were "misunderstood" and asserted that he had exercised his fundamental right to freedom of speech.

"Ali Khan Mahmudabad has been arrested in Delhi," Assistant Commissioner of Police, Rai, Ajeet Singh said over phone, adding the action came in connection with some comments related to Operation Sindoor.

Deputy Commissioner of Police Narender Kadyan said two FIRs were lodged at the Rai police station here -- one based on a complaint from the chairperson of Haryana State Commission for Women, Renu Bhatia, and the other on the complaint of a village sarpanch.

"On the Commission chairperson's complaint, the FIR has been lodged against Prof Ali of Ashoka University under BNS sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion)," Kadyan told reporters here.

"He has been arrested today...Two FIRs have been registered at the Rai police station," he said.

Police remand of Mahmudabad will be taken on the basis of a complaint of the Commission, he said.

Indian armed forces hit terror infrastructure in Pakistan and Pakistan-occupied Kashmir in the early hours of May 7 under Operation Sindoor in retaliation against the April 22 Pahalgam terror attack.

The associate professor had earlier said that the state Commission for women has "misread" his comment.

"...I am surprised that the Women's Commission, while overreaching its jurisdiction, has misread and misunderstood my posts to such an extent that they have inverted their meaning," Mahmudabad had said on X.

He had said that he had exercised his "fundamental right to freedom of thought and speech in order to promote peace and harmony and to applaud the Indian armed forces for their resolute action, while criticising those who preach hatred and seek to destabilise India".

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