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Even if the acceptance is at variance, it does not justify the insurer to tamper with the proposal form in this case Ex.B14 which came to be filed by the opposite parties from their own custody.
Be that as it may, the offer and acceptance are fundamental to the consummation of a contract. In the instant case, the proposal form constitutes the offer of the prospective insurant while the acceptance issued by the insurer obviously constitutes the acceptance. If there is any variance between the terms of the offer and the terms of the acceptance, the provisions of Contract Act will step in and clinch the issue. In the instant case, the proposal was for Rs.50,000/- and the date of proposal was 13-3-1997. The premium paid was Rs.128/-