1. The appellant/New India Assurance Company Limited/defendant has preferred this appeal as against the Judgment and decree dated 211. 2001 made in O.S.No.239 of 2000 by the learned Principal Subordinate Judge, Gobichettipalaym, directing the appellant to pay the capital insured sum of Rs.5,00,000/-to the respondent/plaintiff and also directing the payment of court fee in a month, to be paid by the appellant.

2. The short summation of facts of the case are as follows:

The plaintiffs husband Karunanidhi insured with the defendant Company as per "Janatha Personal Accident Insurance Policy" for Rs.5,00,000/- and remitted a sum of Rs.250/-towards premium on 26. 1997. The appellant/Insurance Company/defendant issued the policy bearing No.4772080203638 and the date of issue of the policy was 26. 1997 and the same was to be in force till 26. 1998. The deceased Karunanidhi nominated his wife as nomiee to receive the capital sum insured in case of death. The respondent/plaintiff as nominee to receive the capital sum insured in case of death. The respondent/plaintiffs husband Karunanidhi, due to heart attack expired on 01.06.1998 at D.S.K.Hospital, Tiruppur. The appellant/ defend