S. N. Variava, C. J. (Oral)

( 1 ) THIS Appeal is against a Judgement dated 3rd December, 1973. By this Judgment, the Suit of the Appellant herein had been dismissed. The Appellant is the widow of one Shri Dharam Pal Puri, who expired on 5th August 1964. During his lifetime, Shri Dharam Pal Puri had taken out four LIC policies, particulars whereof are as under:- Date policy Amount policy No. 12-10-1959 rs. 10,000. 00 6081583 12-6-1961 rs. 25,000. 00 6151357 10-3-1964 rs. 45,000. 00 6297731 15. 6. 1964 rs. 5,000. 00 8315544

( 2 ) IN the Suit, the Appellant claimed the amount of four policies from the Respondent Corporation on the ground that she was the assignee under those policies. The defence taken up by Respondent was that the said Shri Dharam Pal Puri was suffering from heart disease and that he knew about his ailment and that he had consulted doctors about these disease but that he had fraudulently suppressed these facts.

( 3 ) ON the pleadings of the parties, the learned Single Judge raised the following Issues :-

1. Is the Plaintiff entitled to recover the amount, if any, due to her on the policies mentioned in the plaint, on the allegations made in the plaint?

2. Who is the assignee of these policies?

3. ARE the defendants entitled to deny payment to the Plaintiff on the grounds stated in the written statement?

4. Relief?

( 4 ) IT is not disputed that the Appellant was the nominee under the policies. The main question, therefore, before the Court was whether or not the Appellant was entitled to recover the amount under the policies and/or whether the Respondent were entitled to deny payment on the grounds as stated above.

( 5 ) THE learned Single Judge has relied upon the evidence of three witnesses of the Respondents, all of whom were doctors. On the basis of that evidence the learned Single Judge has held that the deceased Shri Dharam Pal Puri was suffering from a heart disease, and knowing about this ailment he had fraudulently suppressed these facts. On these basis the learned Single Judge has held that the Respondent were entitled to deny payment and dismissed the Suit.

( 6 ) IT, therefore, becomes necessary to see whether the evidence of these three witnesses, which has been relied upon by the learned Single Judge supports the case of the Respondents.

( 7 ) ONE of the doctors, whose evidence has been relied upon by the learned Single Judge, is Dr. (Miss) Padmawati. In her evidence-in-chief she has given her qualification and has confirmed that two certificates were issued by her. She goes on to state that the contents of those certificates had been verified from the record of Lady Harding Hospital which had been supplied to her. The two certificates have been marked as Exhibits D-5 and D- 6 Certificate Ex. D-5 is dated 2nd December 1964. It is thus to be seen that this Certificate is issued much after the date of death of Shri Dharam Pal Puri. In this Certificate, she states that Shri Dharam Pal Puri had been seen by her in Lady Harding Hospital on 29th May 1959 and 25th September 1959. She states that she has not seen him after that date. She further states that she was unable to complete the form which the Respondent had sent to her as she did not know anything about the cause of death date or place of death. The other Certificate, Ex. D-6, is dated 11th December 1964. This is form which has bee sent to her by the Respondent and which has been filled up by her. Column 5a,b,c, F and G and answers thereto read as follows:- 5. (A) What was the exact cause of death? (Besides Defining the disease or other cause of death in such terms as you consider appropriate,, kindly add the distinctive technical name), (a) Primary cause Mihal Strain Aminilar Filuttation (b) Was it ascertained by examination after death or inferred from symptoms and appearance during life ?, (b) From symptoms during life (c) How long had he been suffering From this disease before his Death, (c) Since 1946 (f) What was the date on which You were first con

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