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1995 Supreme(SC) 288

B.L.HANSARIA, KULDIP SINGH
Shashi Gupta – Appellant
Versus
Life Insurance Corporation Of India – Respondent


Advocates:
AJAY SINGH, K.K.Mohan, P.P.Rao, PRADIP GUPTA, S.Markandaya

JUDGMENT

HANSARIA, J.:—The appellant is the widow of one Vijay Kumar Gupta, who had obtained a Policy for an assured sum of Rs. 1 lakh from the respondent, Life Insurance Corporation of India (hereinafter the Corporation). The Policy was obtained on 1-4-1989 and two yearly premiums had been paid by 1-4-1991. As the third annual premium could not be paid within the grace period of a month thereafter, the Policy lapsed on 1-5-1991. It however so happened that the Policy holder was assassinated on 30-5-1991 at Chandigarh. A claim for the sum assured, along with an additional sum equal to the sum assured was lodged, as the Policy covered "DAB" ( Double Accident Benefit) also. The Corporation paid a sum of Rs. 1,13,925/- on 19-7-1991 which according to it was by way of ex gratia payment, and taking a compassionate view the basic sum assured (Rs. 1 Lakh), together with bonus which had accrued ( the total of which came to Rs. 1,13,925-) was paid. The grievance of the appellant is that under the terms of the Policy, an additional sum equal to the sum assured was payable because of the death of the Policy holder was in an accident. The respondents stand, however, is that under the Policy no






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