LAWS(MAD)-2012-3-47

LIFE INSURANCE CORPORATION REP BY ITS BRANCH MANAGER SATHYAMANGALAM Vs. MINOR ROHINI DECEASED REP BY NEXT FRIEND PATERNAL GRANDMOTHER R THANGAMANI

Decided On March 14, 2012
LIFE INSURANCE CORPORATION REP.BY ITS BRANCH MANAGER SATHYAMANGALAM Appellant
V/S
MINOR ROHINI (DECEASED) REP.BY NEXT FRIEND PATERNAL GRANDMOTHER R. THANGAMANI Respondents

JUDGEMENT

(1.) THE defendant in O.S.No.38 of 2004 on the file of the Additional District Court-Fast Track Court No.2, Gobichettipalayam is the appellant in the above appeal.

(2.) THE respondents/plaintiffs filed the said suit seeking the following reliefs, namely (i) to declare that the holder of six policies bearing Nos. 761611460, 760879781, 762947489, 761611397, 762489349 and 760457429 - R.Murugesan died on 18.10.2002 by accident; (ii) to direct the defendant/appellant to pay to the respondents Rs.14,32,000/- with interest, etc; and (ii) for costs.

(3.) IT has been further stated in the written statement that since within one year from the date of taking policy No.762947489 the life assured died, as per the provisions of the Insurance Act, 1938, an investigation was conducted and the investigation revealed that the life assured has misappropriated a sum of Rs.1 crore from the bank and as the same was found out, fearing action, he had committed suicide, after sending a leave letter on 18.10.2002. As per Clause 6 of the policy relating to policy No. 762947489, the claim was rejected, as the life assured has committed suicide.