- (1.) The defendants are in appeal against the judgment and decree of the learned lower appellate court, whereby that of the trial court was set aside and the suit of the plaintiff-respondent challenging repudiation of insurance claim on account of death of her husband, was decreed. In the case in hand, the respondent-plaintiff filed the suit on the ground that she was married to Raj Kumar Gupta on 19.12.1967. He was working with Indian Air Force as Squadron Leader. He sought pre-mature retirement w.e.f. 1.2.1984. He got two insurance policies from Life Insurance Corporation of India (for short, 'the Corporation') on 28.2.1987 and 26.2.1988 for Rs. 50,000/- each. In both the policies, the respondent-plaintiff was declared hi s nominee. After seeking pre-mature retirement from Indian Air Force, deceased-Raj Kumar Gupta took employment with M/s. Varinder Agro Chemicals Limited, Ludhiana w.e.f. 1.1.1985 and remained in service till 16.5.1990. He died on 28.8.1990. When the claim against the policies was made, the same was denied on the ground that at the time of taking the policies, deceased-Raj Kumar Gupta had deliberately misstated and withheld material facts in the proposal form. It was further pleaded that deceased-Raj Kumar Gupta did active duty in Indian Air Force before he sought voluntary retirement w.e.f. 1.2.1984. He was medically examined by the Medical Board of Indian Air Force. A certificate of his having good bodily health and prospect of an average duration of life was issued by the Medical Board and his pension was sanctioned. He was granted pre-mature retirement as he was unfit to fly as an Aircrew, however, he was fit for ground duty and fly as a passenger. He was found to be medically fit for all ground duties in any part of the world. The Medical Board found that deceased-Raj Kumar Gupta was suffering from Bicuspid Aortic Valve. It was further pleaded that even after taking pre-mature retirement from Indian Air Force during his service career with private employer, the deceased never fell ill. He was employed on the post of Manager (Personnel) (Administration). He was very active and having good physique.
(2.) The claim made by the plaintiff-respondent was contested by the present appellants-defendants on the ground that once it was in knowledge of deceased-Raj Kumar Gupta that he was suffering from Bicuspid Aortic Valve, he was required to mention that in the proposal form. As he died of heart attack and was initially suffering from heart disease, his claim was rightly rejected.
(3.) The trial court dismissed the suit, however, the learned lower appellate court accepted the appeal and directed for payment of sum insured along with benefits accruing thereon. Against the aforesaid judgment and decree of the learned lower appellate court, the appellants are before this court.;