UNION OF INDIA Vs. KAMLA DEVI

JUDGEMENT

(1.) IN this Regular Second Appeal challenge is to the concurrent findings of fact arrived at by the learned courts below, in decreeing the suit of the plaintiff. The plaintiff had filed a suit for declaration challenging the action of the defendants in rejecting her claim in respect of Policy No. HY/6927-C as illegal and further direction that the permissible bonus with interest and the sum assured should be directed to be paid to her.

(2.) SUIT was contested by the defendants (present appellants) mainly on the ground that the plaintiff was not entitled to any claim because premium was not paid on time and no policy was subsisting at the relevant time. It is alleged that the premium for the months of July and August, 1991 was not deposited on time.

(3.) LEARNED counsel appearing for the appellants has placed heavy reliance on the term No. 1 of the terms and conditions of the policy; (to contend) that the policy did not subsists on the date of the death and consequently the respondent herein was not entitled to the relief granted by the courts below. In order to appreciate this contention, it will be relevant to refer the said condition.