Mr. Anand, when he was celebrating his 36th birthday on 2nd January in the year 2020 with his friends', discussions went on protecting their families with insurance coverages. Later he decided to take Insurance Policies

Mr. Anand, when he was celebrating his 36th birthday on 2nd January in the year 2020 with his friends', discussions went on protecting their families with insurance coverages. Later he decided to take Insurance Policies for the protection of his family including wife Mrs. Rama, home maker aged 32 years and one daughter aged 10 and one son aged 6 years. He consulted a financial planner and explained his financial background and his objectives of providing family income in his absence and to accumulate fund for children education and other expenses. After a lot of discussions, the financial planner suggested two insurance policies. One is a whole life insurance Policy to meet the requirement of family income in his absence and a Unit Linked Insurance Policy to accumulate the fund for his children education and other expenses. His decision was finalized in the month of August, 2020. Before finalizing these insurance policies, he never visited a doctor for any major ailments and he answered positive for one of the questions in the whole life insurance application form to the best of his knowledge, he believes that he is in 'good health condition'. And while taking the whole Life Insurance Policy he did not inform in his proposal form to M/s XYZ Insurance Company that he is a smoker. While purchasing the Unit Linked Insurance Policy, the Agent of the M/s XYZ Insurance Company assured 20% of guaranteed returns on the investment in that policy. He is satisfied with the projected amount with guaranteed returns on his investment in that Insurance Policy, which is sufficient to his expected obligation of children responsibilities of their education and other expenses. Both the proposals were accepted on 21st August, 2020. He is happy and informed his family members that he has taken two insurance policies and the document numbers saved in his mobile phone and kept the original documents in his safe custody. Continuing those two policies with prompt payment of premiums, suddenly on 10th September, 2023 he was hospitalized and died due to massive heart attack. As per the death certificate by the doctors the heart attack was due to severe damage of the blood vessels. The family went into shock with untimely death of Mr. Anand. With the financial distress, slowly his wife remembered the insurance policies which he mentioned earlier. She could not find the documents where her husband kept. She approached an employee of the Insurance Company with the policy document numbers which is available from the deceased mobile phone. After listening her, the immediate reaction of that employee is that without Insurance Policy Documents, Policy amount cannot be paid. And also with further chit chat, the employee realized that her Husband was a Smoker and died with heart attack and the fact of his 'Smoking Habit' was not mentioned in the application form. Hence on the suppression or concealment of material fact also policy money is not payable, because Insurance Companies believe concealment of material fact mostly coincided with an element of fraud from the Policyholder. On the basis of the above facts, answer the following questions: Mr. Anand did not mention his smoking habit in the application form. 'Smoking' is one of the main reasons for the cause of damage of blood vessels and he died with massive heart attack due to damage of blood vessels. As per the Insurance Company, the Policyholder concealed or suppressed the material fact that he is a smoker. On this ground in this case, can an Insurance Company repudiate the Claim ? Can it be considered as a fraud or concealment ? What is the difference between Misrepresentation and Concealment ?