LIFE INSURANCE CORPORATION Vs. JASVINDER KAUR

JUDGEMENT

(1.) THIS first appeal is directed against the judgment and decree of the learned Addl. Dist. Judge, Sriganganagar whereby he has allowed the claim of the palintiff - respondent.

(2.) IN brief the facts of this case are that the apellant Life Insurance Corporation of India is a corporate body registered uner the L.I.C. Act, 1956. Deceased Baltej Singh got himself insured with the defendant No. 1 and 2 for a sum of Rs. 50,0007 -. A policy No. 50763304 (Ex. A/3) was issued. His age was admitted in the policy. Deceased paid the instalments of the premium as per the policy till 17.2.82. It was stated that during the continuance of the policy Baltej Singh died on 27.10.82 but the insurance company has failed to give insurance money to the plaintiffs; the L.Rs. of the deceased and thus, they filed a suit. It was prayed that they are entitled for insurance money, bonus as per the terms of the policy alongwith interest. The defendant admitted the fact that Baltej Singh was insured but submitted that the policy was repudiated on the ground that Baltej Singh gave incorrect statement and did not disclose the fact of illness in the form and also deliberately gave the wrong date of bith. It was also submitted that they are not entitled to any money under the so called policy and the plaintiffs were intimated about the fact of repudiation on 27.5.86. On the pleadings of the parties, the learned trial court framed as many as eight issues. Thereafter issue No. 3 A was also framed. The plaintiff examined P.W. 1 Jasvinder Kaur, P.W. 2 Chandsingh, P.W. 3. Sukhdev Singh. The defendant has examined D.W. 1 Rajpal, D.W. 2 Ratansingh, D.W. 3 Dr. Ashok Garg, and D.W. 4 Dr. D.K. Puri. After considering the material on record, the learned trial court decreed the suit. Hence, this is defendant's first apeal.

(3.) MR . M.L. Garg, learned Counsel for the respondent had submitted that the question of repudiation does not arise as the appellant has not been able to prove that the deceased concealed the facts of illness fradulently and his identification has also not been established. He has submitted that the learned trial court has rightly, not believed the case of the appellant. He has placed reliance on the Life Insurance Corporation India South Zone v. Bhogadi Chandravathamma : AIR1971AP41 L.I.C. of India v. Shakuntala Bai : AIR1975AP68.