LIFE INSURANCE CORPORATION Vs. ROSAMMA VARKEY

JUDGEMENT

(1.) The defendant in a suit for money is the appellant. The claim is for the sum assured under a life insurance policy on the life of late P.I. Varkey, the husband of the plaintiff.

(2.) On 1/11/1993, Sri. P.I. Varkey submitted Ext.A4 proposal for insurance on own life to the defendant. Based on Ext.A4 proposal, Ext.A5 policy dtd. 14/2/1994 was issued in favour of Sri. P.I. Varkey. The sum assured was Rs.3.00 lakhs. On 10/7/1995, he died due to cardiac issues. On 4/9/1995, the plaintiff, who is the nominee under the policy claimed the sum assured. However, the claim was repudiated by the defendant alleging furnishing of false information and suppression of material facts by the assured in the proposal, regarding his health condition. It is thereupon that the suit has been instituted.

(3.) The defendants in their written statement reiterated their stand that the plaintiff is not entitled for any claim under the policy consequent on the suppression of material facts and furnishing of false information. It was contended that, in the proposal (Ext.P4), specific queries with regard to prior treatment and admission of the assured in the hospital, were wilfully and fraudulently answered in the negative and therefore, the defendants repudiated Ext.P4 policy.