MANOHAR LAL Vs. LIFE INSURANCE CORPORATION

JUDGEMENT

(1.) The plaintiff Manohar Lal took a joint policy on his life and the life of his wife, Sita Rani. from the Sun Light of India Insurance Company Limited on May 23, 1956 for a period of 25 years in the amount of Rs. 25,000. He paid the annual premium of Rs. 906.25. The term of the policy was that in the event of death of either of them before the date of maturity the sum assured was payable to the survivor.

(2.) Sita Rani died on June 22, 1957. The plaintiff made a claim on the defendant, Life Insurance Corporation of India, (Corporation), which took over the assets of the Sun Light Insurance by virtue of Act. 31 of 1956. The Corporation by their letter dated 20/21st November, 1959 repudiated the claim on the ground that the plaintiff was guilty of fraudulent misrepresentation and that there was no valid contract of insurance between the plaintiff and the Sun Light Insurance on which a claim could be made.

(3.) On March 22, 1960 the plaintiff brought an action against the Corporation on the policy. He sued in forma pauperis to recover Rs. 29,125. The subordinate judge dismissed the suit on June 10, 1966. From his decision the plaintiff brought this appeal in forma pauperis.