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.
WITH
CIVIL APPLICATION IN FA NO. 2074 OF 2019
In
FIRST APPEAL LODGING NO . 2189 OF 2019
Reliance General Insurance Company Limited ....Applicant
Thr. Its Corporate Office
V/S
Sou. Nasima Najir Aravakar And Ors. ....Respondent
WITH
CIVIL APPLICATION IN FA NO. 1635 OF 2019
In
FIRST APPEAL LODGING NO .
WITH
CIVIL APPLICATION IN FA NO. 2074 OF 2019
In
FIRST APPEAL LODGING NO . 2189 OF 2019
Reliance General Insurance Company Limited ....Applicant
Thr. Its Corporate Office
V/S
Sou. Nasima Najir Aravakar And Ors. ....Respondent
WITH
CIVIL APPLICATION IN FA NO. 1635 OF 2019
In
FIRST APPEAL LODGING NO .
WITH
CIVIL APPLICATION IN FA NO. 2074 OF 2019
In
FIRST APPEAL LODGING NO . 2189 OF 2019
Reliance General Insurance Company Limited ....Applicant
Thr. Its Corporate Office
V/S
Sou. Nasima Najir Aravakar And Ors. ....Respondent
WITH
CIVIL APPLICATION IN FA NO. 1635 OF 2019
In
FIRST APPEAL LODGING NO .
WITH
CIVIL APPLICATION IN FA NO. 2074 OF 2019
In
FIRST APPEAL LODGING NO . 2189 OF 2019
Reliance General Insurance Company Limited ....Applicant
Thr. Its Corporate Office
V/S
Sou. Nasima Najir Aravakar And Ors. ....Respondent
WITH
CIVIL APPLICATION IN FA NO. 1635 OF 2019
In
FIRST APPEAL LODGING NO .
WITH
CIVIL APPLICATION IN FA NO. 2074 OF 2019
In
FIRST APPEAL LODGING NO . 2189 OF 2019
Reliance General Insurance Company Limited ....Applicant
Thr. Its Corporate Office
V/S
Sou. Nasima Najir Aravakar And Ors. ....Respondent
WITH
CIVIL APPLICATION IN FA NO. 1635 OF 2019
In
FIRST APPEAL LODGING NO .