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1957 Supreme(Mad) 329

SUBRAHMANYAM
V. Seshi Ammal – Appellant
Versus
United India Life Insurance Co. , Ltd. , – Respondent


Advocates:
S. K. L. Ratan of Messrs. K. C. Jacob and S. K. L. Ratan, for Applicant.
K. S. Ramabadra Iyer, for Respondents.

Judgment

The Respondent’s husband disappeared from his home in 1946. He was then in a disordered state of mind. Persons who would have heard of him if he had been alive had not heard of him when the respondent filed Application No. 1880 of 1955. To that application, she made certain insurance companies, which held policies on his life, respondents. One of these insurance companies was the National Indian Life Insurance Company. In that company, the respondent’s husband had a policy for Rs 5,000. The company’s interest has now devolved on the Life Insurance Corporation. This application is made by the Life Insurance Corporation.

In Application No. 1880 of 1955 the respondent prayed for an order (1) declaring that her husband Venkatarama Ayyar must be presumed to have died on or after 16th March, 1953, on the expiry of 7 years from the date of disappearance on 16th March, 1946 and that she was the sole beneficiary under the insurance policies mentioned in Application No. 1880 of 1955, and (2) directing the insurance companies to dispose of her claims under the said policies in accordance with law. Notice was served on the insurance companies. They did not appear. On 8th July, 1955, thi









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