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1985 Supreme(Ker) 223

SUKUMARAN, BALAKRISHNA MENON
SAROJAM – Appellant
Versus
L. I. C. OF INDIA – Respondent


Judgment :-

1. The plaintiff-appellant is the widow of Neelakanta Pillai, who died on 2-4-1974 at the age of 33 years. He was a Local Fund Auditor in the service of the State of Tamilnadu. He had on 20-9-1973 made Ext. B7 proposal for insurance on his life for a sum of Rs. 1,75,000/- to the defendant, the Life Insurance Corporation of India. Since his salary was not commensurate with the premium payable, the defendant-Corporation accepted the proposal for insurance on his life for a sum of Rs. 40,000/-. On the same day as Ext. B7, his wife the plaintiff made another proposal Ext. B8 for insurance on his life for a sum of Rs. 1,35,000/-. This proposal was accepted by the defendant. In both the policies the plaintiff is the nominee to receive payment when the policies mature. On the death of Neelakanta Pillai, the plaintiff demanded payment of the amounts due under the two policies. The defendant repudiated the policies as obtained by fraud and on suppression of material facts relating to the life assured. Hence the plaintiff filed the suit for recovery of the amounts due under the two policies covered by the proposals Exts. B7 and B8, accepted by the defendant Corporation. The court




























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