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CALCUTTA HIGH COURT
Ananya Bandyopadhyay, J.
Nirmal Chandra Sonar – Appellant
Versus
Life Insurance Corporation of India – Respondent
| Table of Content |
|---|
| 1. insurance claim rejection based on material suppression. (Para 1 , 2 , 3 , 4) |
| 2. arguments on good faith and medical disclosure. (Para 5 , 6 , 7 , 8 , 10 , 11) |
| 3. legal standards on utmost good faith in contracts. (Para 9 , 12 , 21) |
| 4. valid grounds for policy repudiation after evidence submission. (Para 14 , 15 , 18 , 19) |
| 5. found effects of undisclosed medical conditions affecting insurance risk. (Para 25 , 26 , 29) |
| 6. court order regarding premium refund despite policy repudiation. (Para 28 , 30 , 32 , 33) |
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 ab
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