SHRICHAND GIRDHARILAL BATRA ALIAS SHRICHAND GIRDHARILAL PUNJABI Vs. LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) THE appellants who are the heirs of the original claimant as well as the deceased assured, Girdharilal Batra have filed the present first appeal against the judgment and decree passed by the City Civil Court, Bombay, dismissing their suit with costs in respect of the life insurance claim to the tune of Rs. 23,000/- against the respondent - Life Insurance Corporation of India.

(2.) THE relevant facts which give rise to this appeal are thus : deceased Girdharilal Batra had taken out a policy on his life for a sum of Rs. 20,000/- on 12th April, 1961. The said Girdharilal was admitted to Bhatia General Hospital, Bombay on 15th October, 1961. He was under the treatment of Dr. Raheja, an expert visiting Bhatia General Hospital. However, the said Girdharilal expired on 23rd October, 1961. The cause of death as reported by the Hospital authorities on the death certificate was from Agranulocytosis and Aplastic Anaemia. Dayawanti, who was the wife of the deceased Girdharilal and nominee of the said policy taken out by Girdharilal, informed the respondent about the death of Girdharilal on 30th November, 1961. She called for the necessary claim forms from the respondent. Claim forms were supplied to the said Dayawanti who ultimately submitted her claim for the insurance amount of Rs. 20,000/ -. on 14th May, 1962. After receiving the claim the respondent started its routine investigation and ultimately the respondent informed the claimants that their claim was repudiated on the ground that the deceased while filling in the proposal form had omitted to mention information about his previous ailment of asthama from which he was suffering for over a period of 20 years. After an exchange of notices the claimant Dayawanti filed the original Short Cause Suit No. 2183 of 1964 against the respondent on 15th April, 1964 for recovering the assured amount of Rs. 20,000/- plus Rs. 3000/- by way of interest at 6% per annum, costs and other reliefs.

(3.) IN the plaint the plaintiff denied that the deceased had failed to give any information in the proposal form as alleged by the Corporation. An assertion was made that the deceased did not suffer from Asthama and attack of restlessness, as alleged by the Corporation and it was a false allegation made to evade payment.