ATHAYEE Vs. L I C OF INDIA

JUDGEMENT

(1.) The plaintiffs in IO.S. No. 207 of 1986 on the file of Subcourt, Namakkal, filed the above appeal. Pending appeal, the appellant No. 1 died. Her only daughter, the appellant No. 2, is already on record as her legal heir.

(2.) Appellants-plaintiffs filed the suit for recovery of money under the policy of insurance and after due trial, the learned Subordinate Judge dismissed the suit, against which the plaintiffs have preferred this appeal.

(3.) The plaintiffs had averred in their plaint as follows: One R. Muthusamy Gounder had taken a life insurance policy dated 7.2.1983 for a sum of Rs. 1,00,000 vide policy No. 45149780 and on 24.1.1983, a sum of Rs. 7,770 was remitted towards premium for one year. He is the husband of plaintiff No. 1 and father of the plaintiff No. 2. The policy stood both in the name of said R. Muthusamy Gounder and his wife. He was in sound health all along. He suddenly died at Vadugam village of Rasipuram taluk on 8.12.1983. Since he did not execute any will or testament, the plaintiffs, as his legal heirs, are entitled for the amount due under insurance policy. Thus, the plaintiffs are entitled for a sum of Rs. 1,03,400. The defendant insurance company is stated to have cancelled the policy on the ground of suppression of material particulars by Muthusamy Gounder about his health. This cancellation of policy is incorrect. As Muthusamy Gounder died suddenly and he was having sound health all along, there was no suppression of material particulars and so, the cancellation of policy by defendant company is incorrect. Therefore, the plaintiffs are entitled to the amount due under the policy with bonus and interest.