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march 2004

Supreme Court of India · 2004-03-26

L.I.C. Of India vs Anuradha

Court
Supreme Court of India
Petitioner
L.I.C. Of India
Respondent
Anuradha
Author
R.C. Lahoti
Bench
R.C. Lahoti, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the interpretation of Sections 107 and 108 of the Indian Evidence Act, 1872, in relation to life insurance claims following the disappearance of insured individuals. The Court held that a presumption of death arises after seven years of disappearance, and the burden of proof lies on the insurer to demonstrate that the insured was alive at the time of the claim. The Court upheld the decisions of the lower courts, affirming that the claims of the respondents were valid despite the policies lapsing due to non-payment of premiums, as the insured were presumed dead.

L.I.C. Of India vs Anuradha · Niyam