BABOORAM JAIN Vs. L I C OF INDIA

JUDGEMENT

(1.) The plaintiff, whose suit for recovering the amount payable under a Life Insurance Policy has been dismissed by the trial Court, has come up in appeal.

(2.) It is not disputed that late Nathuram submitted proposal No.437357 dated 29-3-73 (Ex.D/3) for his Life Insurance Policy No.284433006 dated 1-1-74 was prepared and issued to the deceased though the exact date of communication of the Policy is not known. The amount insured was Rs. 10,000/-. The premium instalments were payable half-yearly, in the months of March and September each year. Amounts of Rs. 329.10 P. were paid by the deceased to the Life Insurance Corporation in respect of the premium instalments falling due in the months of March and September, 1973. Nathuram expired on 8-12-74. Plaintiff Baburam Jain is the nominee appointed by late Nathuram.

(3.) The case of the plaintiff is that consequent to the death of the late Nathuram, the Life Insurance Corporation was liable to pay the amount of the Policy to the nominee which it failed to do in spite of service of a legal notice.