Indian Kanoon - Search engine for Indian Law

2. The respondents filed the written reply. It was admitted that Kuldeep Singh had purchased the life insurance policy from them on 26.7.2004 and that Kuldeep Singh had died on 25.4.2005. It was also admitted that the insurance claim was lodged with them by the appellants which was repudiated.

3. It was pleaded that said Kuldeep Singh was wilfully and fraudulently withheld the correct and material information from the respondents regarding his service, duration of service and the income at the time of taking the insurance policy. He was working in the Shiromani Gurudwara Prabandhak Committee (in short "SGPC"), Amritsar on daily wages @ Rs.70/- per day but he had falsely stated in the proposal form that he was a permanent employee of the SGPC having the income of Rs.1 lakh and having the service of 17 years. He had obtained the insurance policy by way of impersonation and he had not signed the special medical reports. He had also got all the said tests conducted in absentia. These facts have been proved from the report of Forensic Expert.

15. Another plea of the respondents was that Kuldeep Singh had concealed the material information at the time of filling the proposal form. He represented himself to be the permanent employee of SGPC.

16. Kuldeep Singh represented himself to be having the service of 17 years with SGPC and that Rs.1 lac was his annual income while in fact he was a daily wager earning only Rs.70/- per day.

17. The respondents have examined Shri Balkar Singh, Clerk from Sri Darbar Sahib, SGPC, Amritsar as RW3 who brought the original record and deposed that Bhai Kuldeep Singh (son of Darshan Singh) was temporarily employed in Sri Darbar Sahib, Amritsar. A copy of the office note dated 24.7.2006 was proved as Ex.R33. As per this document of SGPC, Amritsar, Kuldeep Singh was working as Peon on temporary basis @ Rs.70/- per day. He was not a permanent employee of SGPC. Salary statement Ex.R34 also revealed that Kuldeep Singh was getting Rs.70/- per day only.

18. No doubt, it is proved by the respondents that Kuldeep Singh was earning Rs.70/- per day from SGPC, Amritsar and he was a daily wager but the respondents themselves have proved document Ex.R23 issued by Shri Darbar Sahib, Tarn Taran on 7.8.2006. This document proves that Bhai Kuldeep Singh was appointed by SGPC as Sewadar (Peon) vide letter dated 12.03.1987 on the basic pay of Rs.275/- in the pay scale staring with Rs.275/-. Thereafter, he was transferred to Gurudwara Sri Guru Teg Bahadur Sahib, Jind on 6.6.1995 and he was getting Rs.875/- basic pay. He was getting dearness allowance separately.