M.N.CHANDURKAR, D.B.PADHYE
SHEOSHANKAR – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA, Bombay – Respondent
PADHYE J. - This is a plaintiff-appeal whose suit for the recovery of the amount on an insurance policy has been dismissed by the trial Court. The insurance was originally taken with the Indian Mercantile Insurance Company Limited, but subsequently the Life Insurance Corporation of India took over the management of all the Life Insurance Companies including the Indian Mercantile Company Limited with effect from September 1, 1956 and hence the defendant Life Insurance Corporation of India is held liable for the claim. The original policy which bears the No. 36348 with the Indian Mercantile Insurance Company Limited was for an amount of Rs. 50,000 on joint lives of the present plaintiff and his wife, deceased Kamalabai. Prior to the taking of the instant insurance, the plaintiff had made earlier another proposal on the joint lives of himself and his wife Kamalabai with the Ruby General Insurance Company Limited for a sum of Rs. 30,000 on April 17, 1956. With this proposal the assured, namely, the plaintiff and his wife had given their personal statements and the agent through whom the policy was taken also made his report and the proposal being for a sum in excess of Rs. 25,
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