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2004 Supreme(P&H) 572

ADARSH KUMAR GOEL
Vidya Singh – Appellant
Versus
Life Insurance Corporation Of India, Jullundur – Respondent


Judgment

1. The appellant-plaintiff filed a suit for recovery of amount of insurance claim for death of Joginder Singh.

2. Case of the plaintiff is that plaintiffs deceased husband Joginder Singh was insured with the Life Insurance Corporation on 19-3-1974 under Policy No. 22576229, Ex. P.1 for Rs. 50,000/-. The plaintiff was the nominee. Joginder Singh died on 13-7-1976. He had paid stipulated instalments of premium regularly. The plaintiff filed a claim with the LIC but the same was not accepted.

3. The Insurance Company contested the suit on the ground that the deceased had not disclosed his state of health in answers given to specific questions at the time of insurance and the deceased died by committing suicide, by shooting himself. He was tired of his life on account of some disease which was not disclosed to the Insurance Company. Fraudulent and deliberate suppression of material facts rendered the contract of insurance void and the Corporation, therefore, repudiated the same.

4. The trial Court dismissed the suit upholding the plea of the Insurance Company that the contract of insurance was validly repudiated on account of suppression of material facts by deceased Joginder S
































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