NATIONAL INSURANCE COMPANY LIMITED Vs. SEETHAMMAL

JUDGEMENT

(1.) This is an appeal from a judgment of Stone, J. He held that an insurance policy effected with the National Insurance Co., Ltd., which has its head office at 7, Church Lane, Calcutta, on the 7 July, 1919, for Rs. 1,500 was effected in Madras. He has, however, stated no reasons in his judgment for so holding.

(2.) The point to be considered by us here is, where was this policy of insurance effected? If it was effected in Madras, then a trust has been created in favour of the assured's wife and the policy money has to be paid to the Official Trustee of Madras; and that is by reason of Section 6 of the Married Women's Property Act. If, on the other hand, the policy was effected in Calcutta, it having been effected in 1919, that is to say, before 1923, there is no trust and letters of administration will have to be taken out by the widow of the assured for the purpose of obtaining the policy money.

(3.) It is contended for the appellants that this policy was effected in Calcutta. A copy of the insurance policy has been put in and it is therein stated that the assured has caused to be delivered at the Head Office of the Company a form of proposal and declaration signed by him and dated the 25 day of May, 1919, which he has agreed shall be the basis of the contract of assurance between him and the Company.