- (1.) In this appeal, the plaintiff-appellant has assailed the judgment of the trial court dismissing her suit for recovery of assured sum, viz. 10,500/- for which her husband, Hotchand was assured by Life Insurance Corporation of India, Divisional Office, Ajmer (defendant No. 2).
(2.) Undisputed facts are that Hotchand - husband of Smt. Indira Bai (plaintiff-appellant) - had given a proposal to the defendant No. 2 (branch office of the defendant No. 1) so as to insure his life. This proposal was approved and accepted by allocating Insurance Policy No. 25431866 commencing from 28.3.1971 with date of maturity as 28.3.1981. The sum assured was Rs. 10,000/-. According to the policy (Ex.A. 1), the plaintiff is nominee of Hotchand, the assured, under policy. Monthly insurance premium @ Rs. 96/- were unquestionably duly paid by the assured to the defendant-Corporation. The assured, Hotchand expired on February 5, 1973. Being nominee of Hotchand (assured) under the policy, the plaintiff presented the requisite claim papers to the defendant- Corporation.
(3.) The plaintiff case is that in order to get the assured sum after death of her husband, she made her persistent and tireless efforts but, after protracted correspondence, the defendant-Corporation repudiated her claim vide its letter dated 3.9.1974/12.9.1974 asserting that the deceased assured had incorrectly declared or gave false statement pertaining to his usual state of health because he did not disclose at the relevant time that he suffered from hypertension and angina pectoris for which he had taken the treatment from a doctor. Feeling dis-satisfied with the repudiation of her claim, the plaintiff presented a civil suit out of which the present appeal arises, praying therein for a decree for Rs. 10,500/- plus interest pendent lite so also future interest till the realisation of the decretal amount.;