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R.Subbulakshmi vs Regional Manager on 10 February, 2017

In The Life Insurance Corporation of India v. S.Anusuya Bai, reported in 2010 (1) CTC 192, it is held that the burden of proof is on the insurer to prove the three ingredients postulated under Section 45 of the Act. In sofar as the present case is concerned, this Court does not find that the respondents have proved any material suppression much less the material suppression, which was fraudulently made by the policyholder and it was suppressed by the insured knowing well that it was false. Moreover, as per Section 45 of the Act, repudiation should be made within two years from the date of assurance. Admittedly, as per the statement made in the counter affidavit, the repudiation was made only after three years viz., 10.03.2004. Therefore, the repudiation is bad under Section 45 of the Act.
Madras High Court Cites 6 - Cited by 0 - M Govindaraj - Full Document
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