Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872:Section 108-Presumption as to death-Of a person not having been heard of for seven years-Drawing of-Held: There is no automatic presumption or assumption that a person not heard of for seven years was dead on the date of his disappearance or soon after the date and lime on which he was last seen-The only inference permissible was that such a person was dead at the time when the question arose-At what point of time the person was dead is not a mat/er of presumption but of evidence, factual or circumstantial-The onus of proving that death had taken place at a given point of time or date lay on the person staking the claim. Insurance Manual:Rule 14-life insurance policy-Benefits under-In respect of a person reported missing-Husband took life insurance policy-Premium was paid regularly for two years-Subsequently, the husband suddenly disappeared and never traced thereafter-Wife preferred claim on the presumption that the husband was dead as having not been heard for a period of more than seven years-LIC turned down the claim on the ground that the policy lapsed due to non-payment of premium-However, High Court allowed the claim-Correctness of-Held: The policy has to be kept alive by punctual payment of premiums until claim was made-LIC was justified in turning down the claim-The claimant was only entitled to the paid-up value of the policies. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 215 |
Petitioner | L.l.c. Of India |
Respondent | Anuradha |
SCR | [2004] 3 S.C.R. 629 |
Judgement Date | 2004-03-26 |
Case Number | 2655 |
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