An insured is not obligated to disclose a disease that he was not specifically asked about in the proposal form.

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 of anyone of them. The said policy was issued on 24th August, 1993 under policy No.4605587173. The husband of the plaintiff/respondent died due to cardiac respiratory failure on 7th April, 1994. Thereafter the plaintiff/respondent submitted claims along with necessary documents in respect of both the aforesaid policies. The plaintiff’s claim in respect of the first policy which was issued by the Insurance Company in the year 1990 was duly satisfied by the Insurance Company. Problems started regarding payment of the money payable under the other policy issued by the Insurance Company in 1993 under Jivan Sarathi (Double Accident Benefit) Scheme, as the Insurance Company repudiated the claim of the plaintiff/respondent on the plea that such policy was obtained by the husband/plaintiff/respondent by suppressing material facts regarding rheumatic fever which he suffered at the age of 8 years and subsequently again at the age of 15 years.

Hence the instant suit was filed.

The appellant/defendant Corporation contested the said suit by filing written statement denying the material allegations of the plaint. It was stated therein that the defendant repudiated its liability under the policy in question being No.460587173 as the deceased Nirmalendu Dawn withheld material information regarding his health and age at the time of obtaining insurance policy from the defendant Corporation. It was stated therein that though the said Nirmalendu Dawn suffered from rheumatic fever twice, once at the age of 8 years and subsequently again at the age of 15 years but he did not disclose those facts in his proposal form submitted on 17th August, 1993. It was further stated therein that immediately after receiving the claim from the plaintiff/respondent, the defendant Corporation conducted an enquiry to ascertain the justifiability of the plaintiff’s claim when it was revealed that the said Nirmalendu Dawn obtained the said insurance policy by giving wrong information about the state of his health and as such the plaintiff’s claim was repudiated by the appellant/respondent. The plaintiff was accordingly informed, by the letter issued by the appellant/defendant on 4th April, 1996. The defendant/appellant thus, denied its liability to pay any amount under the aforesaid policy in question. The defendant/appellant thus, prayed for dismissal of the said suit.

The parties led their respective evidence in support of their claims in the said suit. The learned Trial Judge after considering the materials on record including the evidence of the parties, decreed the said suit in part on contest with costs against the defendant Corporation by holding, inter alia, that the defendant Corporation was not justified in repudiating the claim of the plaintiff, as Nirmalendu Dawn did not delibera