ORIENTAL GOVERNMENT SECURITY LIFE ASSURANCE COMPANY, LIMITED Vs. NARASIMHA CHARI
ORIENTAL GOVERNMENT SECURITY LIFE ASSURANCE COMPANY, LIMITED
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Arnold White, C J -
(1.) This is an appeal from a judgment for the plaintiff in an action on a policy of life insurance. The defendants raised various defences in the Court of First Instance. Before this Court the defence relied upon was that the policy had been obtained by means of misrepresentation as to the age, health, means or circumstances of the assured.
(2.) The policy is for a sum of Rs. 6,000, and is dated 28 September 1898. The assured died on 27 September 1899. The policy recited that the assured had signed a statement in writing declaring that his age on his next birth-day would not exceed fifty-eight years and setting forth the past and present state of his health and other circumstances touching his habits and life and that the assured had agreed that this declaration and relative personal statement made to the medical refers of the defendants should be the basis of the contract between the assured and the defendants. The policy contained a condition that in case any statement or allegation contained in the declaration were untrue, or if the assurance had been made through any misrepresentation, concealment or untrue averment whatsoever, the policy should be void, and provided that the assurance should be subject to the regulations and conditions comprised in the defendants prospectus. With reference to age the prospectus contained the following regulation or condition: "The Directors do not withhold the issue of a policy until age has been proved, but recommend assurers to provide evidence of age as soon as possible, as it is required on settlement of claims if not previously produced."
(3.) In his proposal for assurance, dated 6 August 1898, the assured stated the date of his birth to be 25 of Adi, Sarvari, (7 August 1840), and his age next birth-day to be fifty- eight.;
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