High Court Of Delhi
KAMLA CHOPRA - Appellant
Versus
L.I.C. - Respondent
Suit 380 of 1971
Decided On : 12/06/1973
JURISDICTION - LIFE INSURANCE CORPORATION ACT, 1956 - SECTIONS 18, 20 - CODE OF CIVIL PROCEDURE, 1908 - SECTION 20 - CAUSE OF ACTION - REPUDIATION OF LIABILITY - PRINCIPAL OFFICE - SUBORDINATE OFFICE - TERRITORIAL JURISDICTION - INSURANCE POLICIES - PAYMENT OF MONEY.
Fact of the Case:
The plaintiff, widow of the deceased, filed a suit against the Life Insurance Corporation of India (LIC) at Delhi for the recovery of insurance money under three policies taken out by her husband. The LIC repudiated the claim on the ground that the deceased had concealed material facts about his health at the time of taking out the policies. The plaintiff contended that the court at Delhi had jurisdiction to try the suit as the letters of repudiation were received by her at Delhi and the LIC had a zonal office in Delhi.
Finding of the Court:
The court held that the repudiation of liability by the LIC did not constitute a part of the cause of action and, therefore, the mere receipt of the letters of repudiation at Delhi did not confer jurisdiction on the court at Delhi to try the suit. The court further held that the principal office of the LIC was at Bombay and the zonal office at Delhi was not a principal office within the meaning of the Code of Civil Procedure. Therefore, the suit could only be instituted at the principal office of the LIC at Bombay or at the subordinate offices at Kanpur and Varanasi where the cause of action arose.
Issues: 1. Whether the repudiation of liability by the LIC constituted a part of the cause of action? 2. Whether the court at Delhi had jurisdiction to try the suit based on the receipt of the letters of repudiation? 3. Whether the zonal office of the LIC at Delhi was a principal office within the meaning of the Code of Civil Procedure?
Ratio Decidendi: 1. The court relied on the definition of cause of action as "every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court" and held that the repudiation of liability was not a necessary fact to be proved by the plaintiff to succeed in her suit. 2. The court held that the mere receipt of the letters of repudiation at Delhi did not confer jurisdiction on the court at Delhi to try the suit as the cause of action arose at Kanpur and Varanasi where the policies were issued and the payment was to be made. 3. The court interpreted the term "principal office" in the context of a trading corporation and held that the principal office was the place where the administrative business of the company was conducted, which was Bombay in the case of the LIC.
Final Decision: The court held that the suit was not triable at Delhi and directed the plaint to be returned to the plaintiff. The parties were left to bear their own costs.
( 1 ) ONE Shiv Lal Chopra insured his life with the L. l. C. of India and took out 3 policies: bearing 26988057 (Dec. 1966, Kanpur Rs. 20,000. 00); 27c61238 (May, 1967, Kanpur. 20,000. 00.): 8108987 (Dec. ,1967, Varnasi, 25,000. 00 ).
( 2 ) SHIV Lal died on September 20, 1968 at So par in Bihar. His widow demanded the insurance money from the L. I. C. The\l. I. C. by their three letters dated February 20, 1970, repudiated the claim of the plaintiff on the ground that Shiv Lal was suffering from heart ailment and consulted medical men and took treatment from them and did not disclose these facts in his statement and instead gave false answers. This was their reply with regard to two policies dated May 1967 and December 1967 which were taken at Kanpur and Varanasi As regards the third policy taken out in Decercber, 1966, from Kanpur the corporation said that nothing was payable as policy had lapsed by non payment of the yearly premium.
( 3 ) SHIV Lal s widow Shrimati Kamla Chopra has instituted the present suit for the recovery of Rs. 88,400. 00 against the Life Insurance Cor poration of India at Delhi. The Corporation in its written statement has taken the preliminary objection that the suit is not triable at Delhi. On March, 1972, the following preliminary issue was sturck :
"whether this court has territorial jurisdiction to try the suit 7"
( 4 ) THE parties have not led any evidence. Only the above three letters dated February 20, 1970 have been admitted by the Corporaion. All the three are letters of repudiation of the plaintiff s claim. These letters were issued from the Central Zonal Office of the L. l. C. at Kanpur. In the plaintiff was admitted that the two policies were issued from Kanpur and the third policy was issued at Varanasi. In para 17 it was said :
"because parties to the suit reside and work for gain at Delhi where defendant No. 1- Corporation has its zonal/divisional/regional branch offices and the claim in suit is payable and, therefore, this court ihas jurisdiction to try the suit. "in para 1 of the plaintiff has said that defendant No. 1 is a statutory Corporation with its central office at Bombay, Northern zonal;divisional, Regional office at Asaf Ali Road, New Delhi. It has also been said that the Corporation has Zonal Divisional Regional Branch office throuhout India. 147 1974. Rajdhani Law Reporter 145. {. Avadh Behari, J.)
( 5 ) IN tha written statm;nt the Corporation denied that any cause of action arose at Dilhi. It is said that ths to insurants palicies in suit wits issued from Kanpur o hci and the third insurance policy was issued froal Varanasi ani- ths cause of actian aross at Rinpur and Varanasi where tha contracts of in^uranse wire entered. into. tt was deiied that the plymint WAS to bi mids at, Oslhi. Under the terms of ths insurance policies ths am3uat was payable at Kanpur in respict of the two policies and in respect of thi third policy at Varanasi. It was also alleged thit the central office of the Corporation is at Bombay and the mere fact that the Northern Zonal office of ths Carp3ratioa is in Dslhi will not confer jurisdiction oa this court to try the suit. In the replication the plaintiff has reiterated that the zonal offics of the Corpora- tion being at New Dilhi and the claim under the policies being payable at New Delhi this court has jurisdiction to try this suit. It was not disputed that the central Office of the Corporation is at Bombay. Now the question is has this Court jurisdiction to try this suit?
( 6 ) THE learned counsel for the plaintiff has argued that this court has jurisdiction on two grounds. Firstly, it is said that the letters of repudiation were addressed to the plaintiff at New Delhi and were received by her at New Delhi. Secondly, he has said that since the zonal office of the Corporation is at New Delhi the suit can- be brought here. For his submission that this court has jurisdiction to try the suit on the ground that the letters of repudiation w
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