P.C. Chacko And Another vs Chairman, Life Insurance Corporation ...

The Supreme Court addressed the application of Section 45 of the Insurance Act, 1938, concerning the repudiation of an insurance policy due to non-disclosure of material facts by the insured. The Court held that the Division Bench of the High Court erred in setting aside the trial court's decree, emphasizing that the cause of death (polyneuritis) was unrelated to the previously undisclosed operation (Adenoma Thyroid). The Court reaffirmed that non-disclosure must be material to the risk for repudiation to be justified, thus allowing the appeal and restoring the trial court's decision.