MANUFACTURERS LIFE INSURANCE CO LTD Vs. SMHARIDASI DEBI

JUDGEMENT

(1.) This is an appeal from the judgment of Lort-Williams J. who passed a decree for Rs. 18,000 and costs, being the amount claimed by the respond dent Sm. Haridasi Debi, in respect of a policy of insurance issued by the appellants on the life of her husband, Kali Prosad Chakravarti, who died on 3 August 1934. The policy is dated 12 June 1934, and is a whole life policy, the sum insured being payable on receipt and approval of due proof of the death of the insured. The beneficiaries are the insured's wife, the respondent Haridasi Debi, if she survives the insured, otherwise the executors, administrators or assigns of the insured. The premium is a sum of Rs. 194-10-0, payable quarterly. The age of the insured is admitted to be 37 years.

(2.) On 8 August 1934, the respondent. Haridasi Debi informed the appellants of the death of the insured and subsequently she completed and forwarded the usual claim papers. The cause of the insured's death is stated in these papers to have been "perityphlitis and influenza with a slight-touch of malaria."

(3.) On 14 September 1934 the appellants received an anonymous letter stating that the beneficiary's claim was fraudulent, that the insured had taken out policies when suffering from an incurable disease, and that there had been false personation at the time of the medical examination. Enquiries were instituted and on 9 October 1934 the appellants informed the claimant that they found that the deceased had made-serious misstatements of fact in his application, and that they must therefore repudiate her claim. There was further correspondence and the suit was filed on 7 December 1934. The written statement was filed on 17 February 1935 and was subsequently amended under an order granting leave to amend made on 28 April 1936. As amended, the written statement alleges that the insured made certain untruthful statements to the appellants medical examiner, and made such statements fraudulently, knowing them to be untrue, and with a view to mislead the appellants and to induce them to enter into the contract of insurance. The questions and answers, which, read together, constitute these untruthful and fraudulent statements, are as follows: 3. (a) Has any member of your family ever suffered from consumption or insanity? - No. (b) Have you Jived in the same house or been associated in any way with a case of tuberculosis within two years? - No. 6. Have you ever had or consulted a medical practitioner for - (a) fits, convulsions, or disease of brain or nervous system? - No. 7. (b) What physician or physicians, if any, not named above, have you consulted or been treated by within the last five years, and for what illness or ailment? (Give full details; if none, so state) - None.