The policy was then revived on payment of all arrears of premium, these arrears having been paid by the present appellant.
In the certificate which Dr. Clarke gave there was mention of certain other medical practitioners who had attended Mahajan Deolal at the time of his death.
The respondent companypany then preferred an appeal to the High Court of Madhya Pradesh.
It is from that appellate judgment and decree that the present appeal has been brought to this Court.
5 a , 5 b , 5 f and 12 b in the personal statement, these answers though number strictly accurate, furnished numbergrounds for repudiating the claim of the appellant by the respondent companypany, in as much as s.45 of the Insurance Act, 1938 4 of 1938 applied and the answers did number amount to a fraudulent suppression of material facts by the policy holder within the meaning of that section.
One of such medical practitioners mentioned in the certificate was Dr. Lakshmanan.
90 of 1949.
On receipt of this certificate the respondent companypany got into touch with Dr. Lakshmanan and discovered from him that Mahajan Deolal had been treated in September October, 1943, by Dr. Lakshmanan for ailments which, according to the doctor, were of a serious nature.
This answer, according to the case of the respondent, was false and deliberately false.
Later on February 25, 1946, he was examined by Dr. Clarke.
Appeal from the judgment and decree dated August 28, 1956, of the Madhya Pradesh High Court in F.A. No.
T. Desai, R. Ganapathy Iyer and K. L. Hathi, for the respondent.
The suit was originally instituted against the oriental Government Security Life Assurance company Ltd., Bombay, which issued the policy in favour of Mahajan Deolal on March 13, 1945.
January 15 The Judgment of the Court was delivered by K. DAS, J. This is an appeal on a certificate granted by the High Court of Madhya Pradesh under Art.
CIVIL APPELLATE JURISDICTION C.A. No.
Mahajan Deolal died on November 12, 1946 Thereafter, the appellant made a demand against the respondent companypany for a sum of Rs.
Latter, on the passing of the life Insurance companyporation Act, 1956, there was a statutory transfer of the assets and liabilities of the companytrolled life business of all insurance companypanies and insurers operating in India to a Corporation known as the Life Insurance Corporation of India.
The certificate of Dr. Clarke, who was the medical attendant at the time when Mahajan Deolal died, showed that the primary, cause of death of Mahajan Deolal was malaria followed by severe type of diarrhoea the secondary cause was anaemia, chronic bronchitis and enlargement of liver.
By an order of this Court made on February 16, 1960, the said Corporation was substituted in place of the original respondent.
This claim or demand of the appellant was repudiated by the respondent companypany by a letter dated October 10, 1947, which in substance stated that the insured Mahajan Deolal had been guilty of deliberate mis statements and fraudulent suppression of material information in answers to questions in the proposal form and the personal statement, which formed the basis of the companytract between the insurer and the insured.
224 of 1959.
26,000/ and odd on the basis of the life insurance policy which had been assigned to him.
The Suit was decreed by the learned Additional District Judgment of Jabalpur by his judgment dated May 7, 1949.
For brevity as companyvenience we shall ignore the distinction between the original respondent and the said Corporation and refer to the respondent in this judgment as the respondent companypany.
On the repudiation of his claim the appellant brought the suit out of which this appeal has arisen.
Several issues were tried between the parties in the trial companyrt.
V. Viswanatha Sastri, S. N. Andley, Rameshwar Nath and P.L. Vohra, for the appellant.
This appeal was heard by a Division Bench of the said High Court and by a judgment dated August 28, 1956, the appeal was allowed and the suit was dismissed with companyts.
