DAULAT RAM Vs. BHARAT INSURANCE COMPANY

JUDGEMENT

(1.) The plaintiff (Daulat Ram) is the appellant. He filed a suit for recovery of Rs. 10,000.00 on the insurance policy, which had been taken by Smt. Chawli Devi being her adopted son; he was the nominee of the policy. The policy was effective from 13-9-1955 in respect of which, it is stated, that the premiums due until the death of Smt. Chawli Devi on 30-9-1956 had been paid.

(2.) The suit was dismissed by the learned Commercial Sub Judge 1st Class, Delhi on 12-6-1961 on the grounds that she had no insurable Interest and that she had stated in the proposal that she was literate and did not observe pardah. which statements had been proved to be incorrect The suit was resisted by the Life Insurance Corporation, the successor-in-interest of the Bharat Insurance Co. Ltd.. also on the ground that she was suffering from diabetes which fact she had not disclosed; the finding on this question of fact was in favour of the plaintiff.

(3.) The most important question for consideration, it seems to us. is whether Smt. Chawli Devi had an insurable interest in the policy. It has been stated by the plaintiff (P. W. 6) that the premiums due in respect of insurance policies had been paid out of the funds of Smt. Chawli Devi and necessary entries were made in the books of the firm of Mehtab Rai Suraj Bhan, the Joint Hindu Family firm of which she was a member. Copies of the Khata of Smt. Chawli Devi in the said firm relating to the years 1954-55, 1955-56, 1956-57 and 1957-58 were filed and marked as Ex. P. W. 6/1 (The translation has been printed at pages 83 and 84). It is seen from the said translation that a sum of Rupees 3,254-15-0. as in the year 1957-58. had been carried over from, previous year in the Khata as a debit against Smt. Chawli Devi. Though the Rokar had not been filed and details had not been fully elicited from P. W. 6. it had been elicited in his re-examination as follows: