Court : Karnataka
Decided on : Aug-23-1988
Reported in : 75CompCas712(Kar); 1989(1)KarLJ52
..... the suppression of the fact of the assured having undergone treatment for diarrhoea and anaemia was fraudulent within the meaning of section 17 of the contract act. the supreme court held (at page 186 of 32 comp cas and at page 819 of air 1962 sc): 'no doubt, mahajan deolal's son now tries ..... insurer in order to avoid liability under a policy of insurance, in accordance with the terms of section 45. referring to section 45 of the act, this is what the supreme court has said (at page 184 of 32 comp cas): ' the three conditions for the applications of the section 45 are - (a) the ..... and d-4 to d-6, would not establish the requirements of the second part of section 45 of the act cannot be upheld. the support drawn from the evidence of dw-6 by the trial court really does not support the plaintiff's case. dw-6, a lay man, though acquainted with the assured since ..... of its commencement on the ground of mis-statement by the insured, as held by the high court of andhra pradesh in life insurance corporation of india v. shakuntala bai, : air1975ap68 , must prove that he acted fairly by explaining properly the implications of the declarations to be signed by the insured and the amplitude ..... party or to induce him to enter into a contract.' 51. the other enunciation made by the supreme court in mithoolal nayak's case : air1962sc814 , is that the explanation to section 19 of the contract act to the effect that a false representation was fraudulent or innocent would be irrelevant if the party, who .....Tag this Judgment!