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1947 Supreme(Mad) 234

HORWILL, SATYANARAYANA RAO
R. M. Y. R. M. Palaniappa Chettiar and others – Appellant
Versus
The Bombay Life Assurance Co. , Ltd. , through its Secretary at Bombay – Respondent


Advocates Appeared:
T. Krishna Rao for Appellants.
A.C. Sampath Aiyangar and K. V. Srinivasa Aiyar for Respondent.

Horwill, J.-

One Ramanathan Chettiar insured his life for Rs. 10,000 with the defendant company. In order to secure this policy it was necessary for him to answer certain questions put by the company with regard to his health and other matters. In particular, he was asked whether in the past he had suffered from venereal diseases, high blood pressure, or any respiratory disease; and to all these questions he answered that he had not. He was examined by two doctors, who found nothing amiss with him, except that more than half the surface of his body was covered with leucoderma. He was therefore classified as a first class life and a policy granted on the usual terms on the 19th May, 1938. He died on the 4th June, 1941. According to the terms of the policy he was entitled to receive the full policy amount unless he had wilfully made any misrepresentation or fraud at the time of applying for the policy which would render the policy void. The question that arose for decision in this suit by the two sons and widow of the deceased was whether he did in fact make any such wilful misrepresentations. The learned Subordinate Judge found that he had and that on account of the misrepresentation














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