Jyotirmay Bhattacharya, J. - (1.) THIS First Appeal is directed against the judgment and decree passed by the learned Civil Judge Senior Division, 1st Additional Court at Burdwan in Money Suit No. 25 of 2001/4 of 1997 at the instance of the defendant/appellant.
(2.) THE plaintiff filed a suit for recovery of money being the sum assured payable to her by the defendant Corporation on the death of her husband in terms of the policy being No. 460587173 dated 24th August, 1993 amongst other incidental reliefs including damages, allotment of bonus etc. The cause of action pleaded in the plaint is as follows: - The plaintiff's husband, namely, Nirmalendu Dawn during his life time had two insurance policies issued by the Life Insurance Corporation of India. One of such policies being No. 460444710 dated 15th March, 1990 was held by him on his life, appointing his wife, namely, Jyotsna Dawn (plaintiff/respondent) herein as his nominee under the said policy. He also obtained another policy along with his wife Jyotsna Dawn under Jivan Sarathi (Double Accident Benefit) Scheme in the year of 1993. In terms of the said policy, sum assured under the said policy was payable to the survivor on the death of anyone of them. The said policy was issued on 24th August, 1993 under policy No. 4605587173. The husband of the plaintiff/respondent died due to cardiac respiratory failure on 7th April, 1994. Thereafter the plaintiff/respondent submitted claims along with necessary documents in respect of both the aforesaid policies. The plaintiff's claim in respect of the first policy which was issued by the Insurance Company in the year 1990 was duly satisfied by the Insurance Company. Problems started regarding payment of the money payable under the other policy issued by the Insurance Company in 1993 under Jivan Sarathi (Double Accident Benefit) Scheme, as the Insurance Company repudiated the claim of the plaintiff/respondent on the plea that such policy was obtained by the husband/plaintiff/respondent by suppressing material facts regarding rheumatic fever which he suffered at the age of 8 years and subsequently again at the age of 15 years.
(3.) HENCE the instant suit was filed.;