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1956 Supreme(Mad) 230

GOVINDA MENON, RAMASWAMI
D. Mohanavelu Mudaliar – Appellant
Versus
Indian Insurance and Banking Corporation Ltd. Salem – Respondent


Advocates Appeared:
C.S. Swaminathan, for Appellants; R.K. Nambiar, C.F. Louis and K. Kalyanasundaram, for Respondents.

Judgement

GOVINDA MENON, J. :- I have had the advantage of reading the Judgment which my learned brother is about to deliver and in view of the importance of the question of law raised I wish to add a few words of my own.

2. What are the scope and import of the dispositions of life insurance policies: (a) by assignment and (b) by nomination seem to be the chief points for consideration.

3. That a policy of life insurance is a security for money payable at a date uncertain, but calculable is well established for the sum insured is certain the premium or consideration for its payment is also certain and the time when the money is payable is also certain where the date is fixed but uncertain on death. As per Porters Laws of Insurance (8th edn. p. 305) a life insurance policy is "Nihil Certius morte, nihil incertius hora mortis."

4. Such being the case a life insurance policy has to be construed as a contract to pay a certain sum in a certain event depending on the duration of human life. Such a policy always forms part of the estate of the assured and may be dealt with at his absolute discretion such as sale, charge, settlement or bequest or made the subject of donatio mortis causa.

5. Dis












































































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