Life Insurance Corporation Of India & ... vs Smt.Asha Goel & Anr on 13 December, 2000
7. The Ld. Counsel for Petitioners has argued that it was the representations and assurance of the deceased life assured that the contents of the Proposal Form were true, correct and complete and so the subsequently Policy No. 684346260 was issued on 03.07.2006; That on 31.03.2008, the policy lapsed on account of default in payment of the premium. The deceased life assured applied for revival of the policy by filling up the Revival Form dated 31.03.2008, and after giving information and declaration sought thereunder. It was mentioned in the form that if any untrue averment is made, then the policy shall be absolutely null and void, and all the monies which have been paid for the policy shall be forfeited; That the State Commission failed to appreciate the ratio of "Rekhaben Nareshbhai Rathod" (supra); That the Ld. Fora did not appreciate Clause 6 of the Policy condition which states that there shall be forfeiture of the monies paid, and the Policy shall be void in case of incorrect information being furnished; That the Ld. Fora failed to appreciate that a contract of insurance is governed by 'Uberrima Fides', which means that every material fact and information sought must be disclosed; The Ld. Counsel for Petitioners cited the judgments of the Hon'ble Supreme Court in "Satwant Kaur Sandhu" (supra), "P.C. Chacko" (supra), and "LIC v. Asha Goel" (supra) in support of their contentions.