Mr. Justice A.K. Bhattacharya, President— This appeal is against an order of the Calcutta District Forum allowing a claim of Life Insurance which was repudiated by the Life Insurance Corporation of India on the ground of suppression of material facts in the proposal form of the insurance policy. The facts in the short compass are as follows :

2. One Sital Chandra Kundu secured a life insurance policy for Rs. 50,000/- on his own life on 28.3.87. It was an endowment policy for 18 years and one of the sons of the assured named Ashoke Kumar Kundu was appointed the nominee. The policy holder was admitted to the S.S.K.M. Hospital on 17.8.88 for certain ailment and was discharged from the hospital on 12.11.88. Thereafter he went to his native village at Gangpur, District Hooghly. From there he was admitted again in the Sadar Hospital at Arambagh where he expired on 18.12.88 at the age of 53 years on account of cancer in the stomach. His nominee in due course filed claim papers for realisation of the insurance money, but the claim was repudiated by the L.I.C.I. on the ground that the assured in his proposal form suppressed material facts about ailments suffered by him prior to the prop