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1988 Supreme(Kar) 382

K.B.NAVADGI, S.G.DODDAKALE GOWDA
LIFE INSURANCE CORPORATION OF INDIA – Appellant
Versus
B. KUSUMA, T. RAI – Respondent


Advocates:
B.V.ACHARYA RAO, C.SRINIVASA IYENGAR

NAVADGI, J.

( 1 ) THIS is defendant's appeal against the judgement and Decree dated 31-8-1977 made by the I Additional Civil Judge, mangalore. The Life Insurance Corporation of India - the Appellant, and smt. B. Kusuma t. Rai the respondent herein were the defendant and the plaintiff respectively in the trial Court. The appellant and the respondent in this appeal, for the sake of convenience, would be referred to in the course of this Judgement as the defendant and the plaintiff respectively.

( 2 ) THE plaintiff filed a suit in O. S. No. 6 of 1975, seeking a decree directing the defendant to pay a sum of Rs. 30,000/- as due under the policy bearing No. S. 39675124, a sum of Rs. 5,385/- towards interest on Rs. 30,000/- from 6-1-1972 to 3-1-1975 at the rate of 6 per cent per annum, and a sum of rs. 15/- towards the cost of registered notice.

( 3 ) THE facts on which the plaintiff founded her reliefs are these : b. S. Thimmappa Rai (Hereinafter referred to as the assured), the husband of the plaintiff, had insured his life for a sum of rs. 30,000/- under policy No. S. 39675124. The assured had nominated the plaintiff as a nominee. The assured died on 6-1-1972 at Father muller's Hospit













































































































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