KAMLA CHOPRA Vs. L I C

JUDGEMENT

(1.) One Shiv Lal Chopra insured his life with the L.l.C. of India and took out 3 policies: bearing 26988057 (Dec.'1966, Kanpur Rs. 20,000.00); 27C61238 (May, 1967, Kanpur.20,000.00.): 8108987 (Dec.,1967, Varnasi, 25,000.00).

(2.) Shiv Lal died on September 20, 1968 at So par in Bihar. His widow demanded the insurance money from the L.I.C. The\L.I.C. by their three letters dated February 20, 1970, repudiated the claim of the plaintiff on the ground that Shiv Lal was suffering from heart ailment and consulted medical men and took treatment from them and did not disclose these facts in his statement and instead gave false answers. This was their reply with regard to two policies dated May 1967 and December 1967 which were taken at Kanpur and Varanasi As regards the third policy taken out in Decercber, 1966, from Kanpur the corporation said that nothing was payable as policy had lapsed by non payment of the yearly premium.

(3.) Shiv Lal's widow Shrimati Kamla Chopra has instituted the present suit for the recovery of Rs. 88,400.00 against the Life Insurance Cor poration of India at Delhi. The Corporation in its written statement has taken the preliminary objection that the suit is not triable at Delhi. On March, 1972, the following preliminary issue was sturck :