S.C. Case No.

– FA/153/2011

Final Order :- 14.02.2012

1. The Supdt. of Post Office, Islampur Sub-Division, Dist.- Darjeeling

2. The Supdt. of Post Office, Dinajpur Division, Balurghat
3. The Supdt. of Post Offices, Darjeeling Division, Dist.- Darjeeling
4. The Post Master General, P.L.I. West Bengal, Kolkata – 700 012

-Vs-

Mrs. Bindu Lama (Respondent / O.P.S)

The complainant is a wife of Wangdi Lama in whose name a policy was opened
on 02.01.2007 for `1,00,000/-. He paid premium of `455/-, upto May, 2007. There after
felt sick on 16.05.2007 and admitted to the Hospital where he expired on 17.05.2007.
Ld. Counsel for Appellant submitted that at the time of opening of policy the insure was
ill, which he suppressed. But the Responded i.e. the complainant submitted that the
medical officer found him medically fit, at the time of opening the policy and proposal
was accepted. Further, he was suffering from Haematemesis with Malaena, as per
hospital records. But his actual cause of death was massive Gastro – Intestinal
Haemorrhage as a known patient of Fatty Leaver disease. But, the Appellant could not
submit any paper, in support of their view that he was previously treated for that
disease.

Hon’ble State Commission while modifying the judgement of Ld. District Forum
has directed the Appellant to pay the sum of `1,00,000/- being insured amount and

compensation of `20,000/- and litigation cost of `3,000/- within forty five days failing
which interest @9% per annum will be charged, till realisation of the amount.