- (1.) The Life Insurance Corporation of India (hereinafter referred to as the insurance company), with its officials, the Appellants herein, being aggrieved with the judgment and decree passed by the learned Civil Judge (Senior Division), Cooch Behar dated 29th September, 2001, in a suit filed by the Respondent on repudiation to make payment of the assured amount in terms of the life insurance policy, preferred the instant appeal.
(2.) The substantial portion of the fact of the suit is almost admitted. One Afchar Ali Mia (since deceased) was an accused by life insurance policy bearing No. 450453886 issued by the first Appellant for a sum of Rs. 2,50,000/-. The said Afchar Ali Mia for sometimes had made payment of premium regularly. However, subsequently, in view of non-payment, the policy stood lapsed. Hence, the said Afchar Ali Mia applied for revival of the policy and while doing so, he had to make certain declaration as per prescribed form, issued by the Appellants. On being satisfied with the declaration at that time, the Appellants, on receipt of all requisite payments, revived the policy on 21st February, 1995.
(3.) Before revival of the said policy, the said Afchar Ali Mia assigned all his right and interest, arising out of the said policy, at a sum of Rs. 30,000/- unto and in favour of the Plaintiff/Respondent. Thereafter, there has been no default in payment of the premium. On 23rd March, 1995, the said Afchar Ali Mia died and on his death, the assignee being the Plaintiff/Respondent herein made a claim for payment of the assured amount of Rs. 2,50,000/-. Thereafter, the insurance company after exchanging correspondences repudiated the claim on the ground that there has been a fraud because of concealment of material information at the time of making application for revival of the policy. Hence, the suit was filed for a decree of the assured amount and incidental reliefs.;