LIFE INSURANCE CORPORATION Vs. VEERWATI DEVI

JUDGEMENT

(1.) Instant appeal owes its origin in the Judgment and decree dated Nov. 14, 1990, of the learned Addl. District Judge No. 1, Bharatpur, whereby the suit instituted by plaintiff-respondent was decreed. The parties shall be referred hereinafter in the same manner in which they were arrayed in the plaint. The plaint was instituted for recovery of Rs. 10,000.00 plus interest 5 on account of Life Insurance Policy taken by her husband, Late Shri Bhim Singh on March 28, 1985. It was pleaded that Shri Bhim Singh had expired on April 28, 1985 but the claim amount was not paid by the defendant.

(2.) The defendant in the written statement averred that upon investigation of the claim it was revealed that Shri Bhim Singh had not disclosed correct facts about his health and illness and various columns of the proposal form were filled concealing the fact that he was suffering from T.B. and remained admitted in the hospital for a long time. Under those circumstances, the claim was vitiated. On the basis of pleadings of the parties, learned trial court framed as many as three issues which have been incorporated in the impugned judgment. Plaintiff examined herself as P.W. 1, 5 whereas 4 witnesses were produced by the defendant.

(3.) The learned trial court after hearing the parties decided Issue No. 1 & 3 in favour of the plaintiff and decreed the suit. Issue Nos. 2 in respect of interest was however, decided in favour of defendant.