- (1.) TWO joint life-policies dated April 21, 1959 and April 8, 1960 are the subject matters of this suit. They were issued by the defendant in favour of the plaintiff and her husband, who took his own life on december 25, 1961. The sums assured are respectively payable on December 28, 1978 and December 28, 1979 to them if they are then alive or to their survivor "at the first death of either of them, if earlier". The policies contain the following "suicide" clause : - "in case either of the Lives Assured shall within one year from the date of this Policy commit suicide, whether insane or not at the time, the liability of the Corporation shall be limited to the extent of the beneficial interest which any person (other than the Lives assured) shall prove to the satisfaction of the Corporation to have been acquired in the Policy bona fide and for valuable consideration of which notice in writing shall at least one calendar month previous to death have been given to the within-mentioned divisional Office of the Corporation and save and except to that extent this Policy shall be void and all claims to any benefit, advantage or interest in the funds of the Corporation by virtue of this policy shall cease and determine. ''
(2.) THE wife has brought this action against the Insurer, for they have denied their liability to pay the assured sums to her in view of the self-inflicted death of her husband. Issue No. 1 was deleted by consent of the parties and the agreed issues on which the trial proceeded are as follows : (ii) "did the policies become void or unenforceable on the ground alleged in paragraph 12 (a) of the Written statement ? (iii) Are the claims not payable under the policies and in any event such payment would be opposed to public policy on the ground stated in paragraph 12 (a) of the Written Statement ? (iv) Dose the plaint disclose any cause of action ? (v) To what relief, if any, is the plaintiff entitled ?"
(3.) IT has been contended by the learned Counsel Mr. M. M Sen for the insurers, that the agreement contained in the suicide clause is that if suicide is committed at any time by either of the! lives assured it shall make the policies absolutely void so far as the survivor is concerned and, therefore the plaint does not disclose any cause of action as the husband has committed suicide in this case. But I am not impressed by it In my opinion, the expression "in case either of the lives Assured shall within one year from the date of this policy commit suicide" governs the whole clause and this clause expires with the expiry of one year if no suicide takes place within that stipulated year and as the husband has committed suicide after the expiry of this clause the policies have become incontestable by the insurers.;