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Ahmedabad: Consumer forum asks firm to pay insured Rs 12 lakh despite fake school leaving certificate

The matter pertains to one Rohan Gaekwad, who approached the forum after Tata AIA Life Insurance Company rejected the life insurance claim of Rs 12 lakh of his uncle

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The firm claimed that school certificate provided by Gaekwad’s uncle as age proof was a fake one
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The Ahmedabad city consumer forum has asked an insurance company to pay a claimant Rs 12 lakh with 8 per cent interest after the firm rejected the life insurance claim on the grounds that the school leaving certificate (SLC) provided by the claimant at the time of getting the policy was a fake one.

The matter pertains to one Rohan Gaekwad, who approached the forum after Tata AIA Life Insurance Company rejected the life insurance claim of Rs 12 lakh of his uncle.

Gaekwad's uncle had on January 25, 2011 bought a life insurance policy worth Rs 12 lakh for a premium of Rs 12,415.

His uncle passed away on January 16, 2012 and a claim for the insurance money was made on March 27, 2014 which was rejected by the company. The company had claimed that the SLC provided by Gaekwad's uncle as age proof was a fake one.

The company said that during investigation they had written to the school from which the certificate was issued and the principal had confirmed that he had not issued the certificate.

The counsel for the petitioner argued that they had given the voter ID card as proof and the company had issued policy based on these documents . The company argued that as per the life insurance company Act, a policy below Rs 10 lakh can have a non-standard age proof (like voter ID) while those above Rs 10 lakh needed a standard age proof. It further argued that voter ID was not accepted as per rules as a standard age proof.

It further stated that the SLC was the age proof while the voter ID card was the address proof. It thus stated that the insured had taken the policy to cheat the company. It further stated that since the insured died within two years of taking the policy they were duty-bound, as per law, to check all documents and that the claim to the isnured money was made two years after the death of the insured.

It further added that age proof was the basis on which the policy, the terms of the policy,the premium and the period of the policy was decided.

It also said that the claim to the money was made by the nephew of the insured, who as per Hindu Law, is not the legal heir. The company said the legal heir should be the wife and children of the deceased.

The petitioner argued that nowhere in the policy is there a mention of an SLC and their is no column for age proof while there is mention of the voter ID card in the policy document.

The petitioner further argued that as per the voter ID card and the the SLC, the age of the insured had a difference of just seven to eight months and that would not have affected the issuance of the policy.

The forum in its ruling stated that the evidence proved the insured had given a fake SLC. It further said that had the insured taken a policy of Rs 10 lakh, the insurance company would have accepted the voter ID as a non-standard proof of age and would have passed the claim. In this case, though the certificate was fake, there is no dispute that the age difference of the insured as per the voter ID card is only 7 to 8 months different from what is in the SLC.

Moreover, the insurance company could also not provide any proof that the insured was not of the age he had claimed to be. The forum thus relying on earlier similar verdicts by the National Forum said that the insurance company should pay the money with 8 per cent interest to the wife and children of the insured.

BACKGROUND

  • The matter pertains to one Rohan Gaekwad, who approached the forum after Tata AIA Life Insurance Company rejected the life insurance claim of Rs 12 lakh of his uncle 
     
  • Gaekwad’s uncle had on Jan 25, 2011 bought a life insurance policy of Rs 12L 
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