2007 (11) TMI 655 - SC - Indian Laws

Summary

Issues Involved:
1. Application of Section 45 of the Insurance Act, 1938.
2. Non-disclosure and mis-statement in the insurance proposal form.
3. Materiality of the suppressed facts and their impact on the insurance contract.

Summary:

1. Application of Section 45 of the Insurance Act, 1938:
The appeal questions the application of Section 45 of the Insurance Act, 1938, arising from a judgment by the High Court of Kerala, which set aside the trial court's decision favoring the plaintiffs. Section 45 stipulates that a life insurance policy cannot be called into question after two years from its commencement unless it is shown that a statement was on a material matter or suppressed facts which it was material to disclose and that it was fraudulently made by the policy-holder.

2. Non-disclosure and mis-statement in the insurance proposal form:
The insured, who took a policy on 21st February 1987 and died on 6th July 1987, had undergone an operation for Adenoma Thyroid but did not disclose this in the proposal form. The insurance company repudiated the policy on 10th February 1989, citing non-disclosure and mis-statement. The trial court decreed in favor of the plaintiffs, but the Division Bench of the High Court reversed this, emphasizing the warranty clause and the materiality of the non-disclosed facts.

3. Materiality of the suppressed facts and their impact on the insurance contract:
The insured's answers in the proposal form were incorrect, which was not disputed. The Division Bench held that the non-disclosure was material and justified the repudiation of the policy. The Supreme Court noted that the insured's brother, an agent of the Life Insurance Corporation, presumably knew the effect of misstatement of facts. The Court emphasized that a deliberate wrong answer affecting the insurance contract could lead to the policy being vitiated in law.

The Supreme Court upheld the Division Bench's decision, stating that the insured's suppression of material facts, despite being aware of the consequences, justified the repudiation of the policy. The appeal was dismissed, affirming that the insurance contract was vitiated by the insured's fraudulent act.