This is an appeal against a judgment of the Additional Subordinate Judge of Coimbatore dismissing with costs a suit filed by Kullammal, widow of one Subbiah Chettiar, against the Oriental Life Assurance Company, Limited, for the recovery of Rs. 52,750 on an endowment policy for Rs. 50,000 with profits for 20 years taken out by her husband on 27th June, 1945. Subbiah Chettiar assigned the policy to his wife. He paid the first premium of Rs. 3,540-10-0 on 27th June, 1946. He also paid the second year’s premium in July, 1946, and then died on 27th July, 1945, in a Nursing Home after an accident necessitating an operation to his thigh. The extract from the Death Register shows that the death was due to haemoptysis cellubitis of the thigh. The evidence of his son Sanjeevi Chettiar (P.W. 1) who was 20 years old at the time of his father’s death that the injury to his thigh became septic, and that he died after an operation in a Nursing Home is not disputed. Pending appeal, the widow Kullammal died and her sons have been brought on record as her legal representatives.

The Insurance Company repudiated liability on the ground that Subbiah Chettiar gave false and inaccurate answers t