SANJEEV PRAKASH SHARMA,J. - (1.) This appeal is directed against the judgment and order dated 07.11.1990 passed by the learned Additional District Judge, Bikaner in Civil Original Suit No.47/1986 preferred by one Rampyari w/o Late Badri Prasad claiming recovery of Rs.50,000/-as against the appellant-Life Insurance Corporation (for short, 'LIC') for life insurance of her late husband.
(2.) Brief facts, stated in the plaint, are that on 31.08.1982, the insured late Badri Prasad proposed a policy for a sum of Rs.50,000/- on life, which was issued by the LIC in his favour. The plaintiff was the nominee, but on 31.12.1982, the insured died. Upon his death, his wife/plaintiff claimed the amount, but the appellant-LIC repudiated the claim vide its letter dated 31.03.1984/27.07.1984 stating that the deceased insured had concealed from the LIC of already suffering from High Blood Pressure in his disclosure form. The plaintiff stated that the deceased had no knowledge of his suffering of Blood Pressure and there was no concealment. He died of cancer of liver and pancreas, and LIC was liable to pay the insurance amount.
(3.) In written statement, the appellant/defendant admitted of the claimant/plaintiff being wife of deceased Badri Prasad and of being his nominee in the insurance policy. However, it was reiterated that the insured had concealed from the LIC about late Badri Prasad of suffering from the High Blood Pressure. It was further stated that late Badri Prasad was more than 48 years of age at the time of getting himself insured, and he wrongfully mentioned his age as 40 years. It was further stated that because Badri Prasad died within six months of getting himself insured, she was not entitled to the amount insured. ;