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2015 Supreme(Cal) 198

JYOTIRMAY BHATTACHARYA, SAMAPTI CHATTERJEE
Life Insurance Corporation of India – Appellant
Versus
Jyotsna Dawn – Respondent


Advocate Appeared:
For the Appellant:D.K. Kundu, A. Basu, Advocates
For the Respondent:Arup Banerjee, Advocate

JUDGMENT:-

Jyotirmay Bhattacharya, J.

This First Appeal is directed against the judgment and decree passed by the learned Civil Judge Senior Division, 1st Additional Court at Burdwan in Money Suit No.25 of 2001- 4 of 1997 at the instance of the defendant/appellant.

The plaintiff filed a suit for recovery of money being the sum assured payable to her by the defendant Corporation on the death of her husband in terms of the policy being No.460587173 dated 24th August, 1993 amongst other incidental reliefs including damages, allotment of bonus etc.

The cause of action pleaded in the plaint is as follows:-

The plaintiff’s husband, namely, Nirmalendu Dawn during his life time had two insurance policies issued by the Life Insurance Corporation of India. One of such policies being No.460444710 dated 15th March, 1990 was held by him on his life, appointing his wife, namely, Jyotsna Dawn (plaintiff/respondent) herein as his nominee under the said policy. He also obtained another policy along with his wife Jyotsna Dawn under Jivan Sarathi (Double Accident Benefit) Scheme in the year of 1993. In terms of the said policy, sum assured under the said policy was payable to the survivor on the death





































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