( 1 ) JOHN Dryden (1631-1700) said : To die is landing on some distant shore. Kashmiri Lal Bansal who died on April 3, 1974 in the Holy Family Hospital of hepatic malignancy, metastesis, diabetes and haemachromatosis seems to have landed in this Court. In any case, one of his survivors is proving true what Thomas Mann said: A man s dying is more the survivor s affair than his own.

( 2 ) THE gentleman happened to be insured with the defendant Life Insurance Corporation of India in a sum of Rupees one lac under what is known as Plan and Term 14-20. This policy had actually lapsed in the year 1972 for reason of default in the payment of premium but was revived on March 29, 1973. It is this policy which has now become the bone of contention. Whereas, the widow of Mr. Bansal is laying her claim being a nominee a id widow of the insured, the Life Insurance Corporation of India seeks to wash off its liability on the plea that the claim stands repudiated as Mr. Bansal, at the time of revival of the policy, had suppressed the ailments from which he was suffering. The widow, however, swears to the good health of her late husband. The battle-lines are thus clearly drawn.

( 3 ) THE