- (1.) Plaintiffs filed a suit for recovery against the Life Insurance Corporation of India basing their claim on Policy No. 470260233 for Rs. 50,000/-. The policy in question was got issued by Chiman Lal, husband of plaintiff No. 1 and father of plaintiffs No. 2 to 4. Chiman Lal died on 12.4.1995 due to heart attack. The claim submitted by the plaintiffs to the defendant was however, declined. Hence, the suit was filed by the plaintiffs.
(2.) Defendant in its written statement admitted the issuance of policy of Chiman Lal on 29.2.1995 and death of Chiman lal on 12.4.1995. It was averred that the deceased had suppressed/concealed material fact qua his illness at the time of applying for Insurance Policy. In fact, the deceased was already suffering from cancer when he applied for Insurance Policy and had not disclosed the said fact in the requisite form. The deceased had not died due to heart attack but had died due to cancer,
(3.) On the pleadings of the parties, the following issues were framed by the trial Court :- 1. Whether the plaintiff is entitled for recovery of Rs. 50,000/- ?OPP 2. Whether the plaintiff is entitled for interest at the rate of 12%?OPP 3. Whether the plaint has been properly signed verified and instituted by the authorized person? OPP;