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2022 Supreme(Raj) 385

Life Insurance Corporation of India – Appellant
Versus
Parvateng Solanki S/o. Shri Kalyaneng Solanki – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajeev Purohit.
For the Respondent: Mr. Sanjay Nahar.

JUDGMENT :

Heard.

2. This appeal arises out of the order passed by the learned Single Judge dated 17.01.2008 in the matter of challenge to the termination of agency of the respondent agent by the appellant Life Insurance Corporation of India.

3. When the petitioner was working as an agent duly appointed by the Life Insurance Corporation, a show cause notice (Annexure1) was issued to him on 9.12.2004 with the allegations that on an inquiry it was revealed that the respondent agent submitted details with regard to proposal on the life of one Shri Kalayaneng Patel who eventually died on 01.06.2000. During an investigation, as alleged, it was revealed that the deceased Mr. Patel was suffering from Bronchitis before the date of proposal and was being treated by various doctors. However that fact was not disclosed by the respondent agent. It was further alleged that the age of the insured deceased was 65 years whereas the respondent agent had shown the age of insured as 55 years in the form signed by him. Thus, it was alleged that the respondent did not disclose the material facts about the health and the age of the insured, thereby, defrauding the Corporation. Further allegation was that t

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