Patnaik,J.

This appeal has been preferred by the defendant-Life Insurance Corporation of India-challenging the judgment of the learned Principal Sub Judge, Ernakulam dated 28-2-1987 in O.S. No. 139 of 1986, by which the defendant has been made liable to pay an assured sum of Rs. 2,00,000/- with interest and costs to the plaintiff as the nominee of her deceased husband, under an alleged contract of insurance.

2. The plaintiff averred that her husband late T.N. Devaraj filled up the form of proposal for insurance on his life for a sum of Rs. 2,00,000/- (rupees two lakhs) - Ext. B1 (a) on 5-3-1982 and sent the same along with a cheque for Rs. 2,625/- as the first premium to the Divisional Office of the Life Insurance Corporation of India, Trivandrum after getting himself medically examined by the doctors. The appellant accepted the proposal and encashed the cheque and acknowledged the same by granting the receipt dated 9-3-1982 (Ext. Al ), (the office copy of which is marked as Ext. B1 (c). Shri Davis Thomas, the agent of the appellant informed late Devaraj that issuance of the policy is only an office formality and would come in due course. But, Devaraj expired on 19-3-1982