JUDGMENT

SHARMA, J.:— This appeal by special leave arises out of a suit filed by the plaintiff respondent for a money decree for a sum of Rs. 77,805.85 being the amount due for four insurance policies held by her deceased husband. The defendant-appellant Life Insurance Corporation denied the claim on the plea that the deceased, while filling up the proposal forms for the policies, was guilty of fraudulent misrepresentations and suppression of material facts with regard to his health. The trial Court accepted the defence and dismissed the suit. On appeal by the plaintiff, the High Court reversed the decision and passed a decree.

2. The deceased husband of the plaintiff was described in the policies as T. R. Gurupadaiah but in the plaint his name has been mentioned a Gurupadappa. However, since in our view the correct spelling of the name is not material for purposes of the present case, it is not necessary to give further details in regard to the difference in the two names. We agree with the Corporation that the correct name was Gurupadaiah and since the policies under which the claim in the suit has been made bear the said name, it is immaterial if he was also known by a slightly d