The commission was hearing a revision petition filed by Postal Life Insurance (PLI) challenging the order of the state commission of Haryana, which has granted Rs.2 lakh to the kin of army official Manjeet Singh, a Haryana resident who died after being infected with the human immunodeficiency (HIV) virus that causes a patient to contract AIDS.
NCDRC presiding member Ajit Bharihoke and member Suresh Chandra upheld the order, saying it did not find any error, illegality or material irregularity in the impugned order of the state commission, Haryana.
The insurance company had claimed that Manjeet Singh had concealed the fact that he was suffering from HIV while taking insurance. Singh took an insurance policy in September 2008. He died June 24, 2009.
The insurance company placed a record of the hospital, showing that Singh was “detected to be HIV-positive while being screened for fever”.
The commission noted that the company had failed to produce the doctors, to establish that the patient had been detected HIV-positive and was informed of his condition.
“Since the petitioner (PLI) has failed to produce the best evidence, we are inclined to draw an adverse presumption against the petitioners and conclude that the petitioner has failed to establish that the insured was aware that he has been detected HIV positive,” the national commission said in an order passed last week.
Details of the order were made available Saturday.
The commission held that the insurance company has failed to prove its case, saying that it cannot be said that Singh had indulged in fraud, misrepresentation or concealment of material fact while obtaining the insurance policy.