1. The appellant / nominee had been the son of Shri Ranjit Chandra Sonar since deceased who was favoured with grant of an insurance policy bearing No.466064616 for a sum of Rs.2,00,000 / dated 25.10.2005 by the respondent / corporation during his lifetime.

2. On the demise of the aforesaid policy holder, the claim of the appellant was rejected vide a letter dated 04.10.2006 precisely on the ground of suppression of material fact resulting in repudiation of the aforesaid policy.

3. The petitioner challenged the rejection of the claim in the Court of Learned Civil Judge (Junior Division) Additional Court Asansol in T.S. No.76/2009. The Learned Trial Judge opined in absence of evidence to justify prolonged disease suffered by the policy holder, the letter dated 04.10.2006 was illegal and the plaintiff / nominee was entitled to receive payment of policy money alongside bonuses and other benefits accrued on the said policy. Vide a communication dated 24.03.2007, the Senior Divisional Manager LIC Asansol Division affirmed the repudiation of the claim.

4. The respondent - corporation filed an appeal being Title Appeal No.15 of 2012 in the Court of the Civil Judge (Sr. Division Asansol) where