PATHAK, C. J.:- This Letters Patent Appeal arises out of the judgment of the learned single judge.

2. Plaintiff-respondent Omprakash Agarwalla is the son of Mangilal Agarwalla, who died on 21st July, 1965. During his lifetime Mangilal Agarwalla insured his life under endowment assurance scheme with accident benefit clause with the National Insurance Company Limited for a sum of Rs. 5,000 under proposal No. 51099 dated 31-7-55. Mangilal Agarwalla obtained the policy bearing No. 651669 and the, date of commencement was 28-8-55, from the National Insurance Company Limited. The made of payment of premium was yearly and the premium was payable on the 28th day of August, each year. The annual premium was Rs. 254.11 as (Rs. 254.69 p.). The policy was of automatic non-forfeiture system A. Plaintiff Omprakash Agarwalla was nominated to receive the money secured by the policy. The business of the National Insurance Company Limited was taken over by the Life Insurance Corporation of India and the number of the policy of Mangilal Agarwalla remained the same.

3. Mangilal Agarwalla regularly paid all the premiums due upto August, 1963 on account of the said insurance policy. He also depos