( 1 ) THIS appeal is directed against the judgment and decree D/- 29-10-93 in Civil Suit No. 82-A/89 by VIIIth Additional District Judge, Jabalpur, whereby the claim of plaintiff/respondent for recovery of amount of Rs. 20,425/- of the policy of insurance of his deceased wife, as well as notice charges was allowed and his suit was decreed.

( 2 ) THE facts no longer in dispute are that, the plaintiff's wife Smt. Manwati Bai was insured by the appellant/defendant for a sum of Rupees 20,000/- on 15-10-1986. The premium thereof was to be paid @ Rs. 1,334/- annually. As against the said policy, two premiums had been paid to the appellant/defendant. Smt. Manwati Bai died on 7-12-1987, i. e. , after about one year and two months, after she was insured. The plaintiff/respondent had given to the defendant/appellant information regarding death of his wife. He had thereafter also filled up the claim form and had also submitted necessary documents for payment of amount of insurance to him. The appellant/defendant however refused to pay the claim under S. 45 of the Insurance Act 1938, on the ground that the material facts regarding the illness of Manwati Bai was suppressed at