JUDGMENT -D.G. DESHPANDE, J.:---It is the case of the plaintiff that the defendant was a pilot for Air India and he was insured with the plaintiff company for a sum of Rs. 3, 00,000/-. During the course of his employment, the defendant suffered bodily injury or suffering from illness and therefore after his medical examination, initially he was declared a temporary disabled person and thereafter on his examination by Air Force Central Medical Examination (A.F.C.M.E.), New Delhi, he was declared permanently medically unfit for flying duties due to Coronary Artery Disease. Therefore after the aforesaid illness was confirmed by the authority approved by the plaintiff, the plaintiff paid Rs. 2, 28,000/- from out of the policy Rs. 72, 000/ being already paid- and consequently the entire amount of Rs. 3,00,000/- under the said policy was paid to the defendant.

2.It is the case of the plaintiff that at the time of payment of Rs. 2,28,000/- the defendant voluntarily and on his own accord gave an undertaking/indemnity bond to the plaintiff agreeing thereby to repay to the plaintiff sum of Rs. 2, 28,000/- in the event of regaining his flying licence either in India or abroad. According to the

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