P.P. Naolekar, C.J.

1. That the petitioner - respondent's husband died on 6.3.1995. He was covered by a Group Insurance Scheme sponsored by the Insurance Company insuring Assam Co-operative Union and the Chief Executive Officer of the Assam State Co-operative Union beneficiaries being its employees. After the death of the husband of the petitioner - respondent, it came to the knowledge that the aforesaid Group Insurance Scheme lapsed due to non-payment of the premium by the employer in time although the employee i.e. the husband of the petitioner - respondent has paid the insurance premium regularly as the contribution of the premium has been regularly deducted from his salary, subsequently the Group Insurance Scheme was revived by the employer. This fact have been noted by the learned Single Judge to be a admitted position of the facts. The submission of the learned counsel for appellant is that the revival of the policy on 15.3.1995 has been on the basis of the declaration given by the employer that all the employees are alive on that date, whereas in fact the husband of the petitioner has expired on 6.3.1995 and thus there being a false declaration the policy could not ha