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Report No. 112

3.2. Category (a).-

In a case from Punjab,1 the insured took two policies in 1944. They lapsed in 1947 and in 1948 they were revived on a personal declaration of good health by the insured but without any medical examination or certificate. The insured died in 1949 and the insurer sought to repudiate the claim on the ground that the insured was suffering from Tuberculosis even from 1944. Since the insurer failed to prove the allegation, the claim of the insured was decreed.

1. Lakshmi Insurance Co. v. Bibi Padmavati, AIR 1961 Punj 253.



Section 45 of the Insurance Act, 1938 Back




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