LIFE INSURANCE CORPORATION Vs. GALI RAM

JUDGEMENT

(1.) AFTER having heard learned Counsel for the appellants, we are of the opinion that only question involved in this case is that whether brain tumor which the respondent had, was malignant (cancerous) or not. If the answer is in the affirmative, then this appeal has to be allowed, otherwise result is obvious.

(2.) ADMITTEDLY , the respondent had been issued insurance policy under Jeewan Asha Plan (without profits/With Accident Benefit) on 15.1.1998 by the appellants. Its Table and Term was 129.20. Sum assured was Rs. 1,00,000/ - and half yearly premium payable was Rs. 3,001/ -. Policy in question had been issued by the Palampur Branch of the appellants on 24.9.1998 which is Annexure OP.1. Admittedly, respondent was diagnosed as per Annexure C 10 as under:

(3.) IN this background and admitted facts, learned Counsel for the appellants submitted by referring to Annexure C -10 and C -11 and the terms of Annexure OP -1 coupled with Annexure OP -3, the opinion of its Divisional Medical Referee (DMR), that tumor was clearly cancerous, therefore, its risk was not covered under the terms of policy, Annexure OP -1, and this appeal deserves to be allowed on this ground alone.