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1980 DIGILAW 52 (ORI)

LIFE INSURANCE CORPORATION OF INDIA v. SARADA PRASAD CHOUDHURY

1980-04-18

R.N.MISRA

body1980
JUDGMENT : R.N. Misra, J. - Defendants are in appeal against the reversing judgment and decree of the learned Additional Subordinate Judge of Cuttack in a suit for declaration that the termination of agency of insurance which Plaintiff held under the Insurance Corporation was illegal and inoperative and the Plaintiff must be deemed to be continuing as an agent notwithstanding the order of cancellation of the agency. The Plaintiff also sued for damages. 2. The Plaintiff filed the suit on 13-10-1971 making the following averments: Defendant No. 1 is the Life Insurance Corporation while the other defendants are its officers. Plaintiff was appointed as an agent under the Corporation in terms of Ext. 1. In course of his business, Plaintiff secured proposal for insuring the life of one Dr. Minati Misra for a sum of Rs. 15,000/- on 18th of March, 1968, as per Ext. 2(a). A personal statement of the insured was obtained which has been marked as Ext. 2(b). The Corporation's doctor is said to have examined the proponent and furnished the report as per Ext. A-1. The Plaintiff submitted his confidential report as per Ext. 3. The husband of Dr. Minati Misra informed the Corporation on 9th May, 1968 as per Ext. D that his wife Dr. Minati Misra had given birth to a child on 2nd May, 1968. Dr. Minati Misra also requested the Corporation to allow withdrawal of the proposal and return of the advance towards premium. Admittedly, Dr. Minati Misra was in an advanced stage of pregnancy by the time the proposal was obtained. As per the papers, she was examined immediately after the proposal was obtained by the doctor of the Corporation and her state of health w found to be normal. Even in her confidential statement about health, a normal state of health was indicated. There is no dispute that the life of a lady in any advanced stage of pregnancy, is ordinarily not accepted for insurance in view of the risk pregnancy involves. The Corporation proceeded on the footing that the proposal had been obtained by the agent by suppressing facts and in collusion with some others the Plaintiff bad tried to manipulate records and cheat the principal the Corporation--in the matter of acceptance of the insurance. In the disciplinary proceeding they found the Plaintiff guilty and cancelled his agency. That has led to the suit. 3. In the disciplinary proceeding they found the Plaintiff guilty and cancelled his agency. That has led to the suit. 3. The trial Court found against the Plaintiff and dismissed the suit. The finding having been reversed by the learned Additional Subordinate Judge, the Corporation has preferred this appeal. 4. There is no dispute that the doctrine of uberrima fides applies to insurance business. The Corporation having a legal persona can only act through its agents in the matter of procurement of business. The agent thus brings the insurer and the, insured together. The Corporation engages doctors for examining the proposer for finding out suitability of the life for insurance and for verification by an expert as to correctness of the statements made by the proposer with regard to the condition of health. By its own nature, the entire business is thus based upon mutual confidence. 5. In the instant case, there is no dispute that the proposer Dr. Minati Misra was in an advanced stage of pregnancy by the date the proposal was obtained and she had a normal delivery in the first week of May, i.e., with a gap of about six weeks. That being the position, by the time the proposal was taken, she must be running the eighth month of the pregnancy. Dr. Minati Misra was a Government doctor at the relevant time. Her husband is a Lecturer. From the record it appears that out of their own accord they have informed the Corporation of the birth of a child. if they were a party to the suppression of the actual state of the proponent's health at the time of taking the policy, a voluntary disclosure from their 'side which would in ordinary course affect the policy would not have been made', The doctor (P.W. 1) has indicated In her evidence that she had examined a lady, but she never knew who Minati Misra was and as such when some lady was produced, she had been examined. The lower appellate Court has unduly emphasised on the feature that the identifying mark found on the person of Dr. Minati Misra had actually been stated in the report at the doctor, In the setting of thing indicated, this was not so important a feature which should have been allowed to be a turning point in the litigation. According to Dr. Minati Misra had actually been stated in the report at the doctor, In the setting of thing indicated, this was not so important a feature which should have been allowed to be a turning point in the litigation. According to Dr. Minati Misra, a form had only been signed and the agent had obtained certain information from her and promised to her that he would enter all the details before its onward transmission. In the instant case, the dispute is not regarding the validity of the insurance policy but we are concerned with the propriety of the determination of the agency of the Plaintiff. The Plaintiff bad alleged in the plaint that the principles of natural justice had not been followed and an arbitrary decision had been taken in the matter of termination of service. In the written statement, reliance was placed on the terms of the agency where in paragraph 6, it had been stated: The Corporation shall also have the right by written notice to you to forthwith terminate your appointment in any of the following events: (a) if in its opinion your conduct becomes such as to render you unfit to act as its agent; (b) if in its opinion you act in a manner prejudicial to the interests of the Corporation or to the interests of its policy holders; (c) if evidence comes to the knowledge of the Corporation which in its opinion is sufficient to show that you have been allowing and/or offering to allow rebate of the whole or any part of the commission paid to you.... Admittedly the termination brought about adverse evil consequences to the Plaintiff. Life Insurance Corporation has been treated to be 'State' as per the decisions of the Supreme Court. It was, therefore, necessary for the Corporation in the matter of termination of service to give reasonable opportunity to the Plaintiff to be heard and a fair chance to support his stand. Even if the rules applicable to public servants in the matter of disciplinary action may not strictly apply, the procedure which is in accordance with the principles of natural justice should have been invoked. It was pointed out by Megarry, J. in John v. Bees and Ors. ILR 1970 Ch. Even if the rules applicable to public servants in the matter of disciplinary action may not strictly apply, the procedure which is in accordance with the principles of natural justice should have been invoked. It was pointed out by Megarry, J. in John v. Bees and Ors. ILR 1970 Ch. D. 345: The term 'natural justice' has often been used by eminent judges, and although Maugham J. said (at p. 624) that 'it is, of course, used only in a popular sense', I would prefer to regard it as having become something of a term of Article To extract the quintessence of the process of justice is, indeed, notoriously difficult. 'The ideas of natural justice', said Iredell J., 'are regulated by no fixed standard; the ablest and the purest men have differed on the subject'; Calder v. Bull (1798) 3 U.S. 386, 399. In Ridge v. Baldwin (1964) A.C. 40, 132, Lord Horson referred to a certain vagueness 10 the terms but rejected the view that because the requirements of natural justice depended upon the circumstances of the case, this made natural justice so vague as to be inapplicable. He added: 'no one, I think, disputes that three features of natural justice stand out - (1) the right to be heard by an unbiased tribunal; (2) the right to have notice of charges of misconduct; (3) the right to be heard in answer to those charges; I do not think that I shall go far wrong if I regard these three features as constituting in all ordinary circumstances an irreducible minimum of the requirements of natural justice. I need only add that all these requirements are essentially procedural in nature; I regard natural justice as a distillate of due process of law. Though the Plaintiff challenged the termination of agency as an act in violation of natural justice, the Defendant-Corporation did not make any attempt to establish that requirements of natural justice had been satisfied and there bad been a fair opportunity given to the Plaintiff of being heard against the charges before he was visited with evil consequences. The lower appellate Court has been impressed with this aspect of the matter in my opinion, rightly. The termination of the Plaintiff's agency in the circumstances, has rightly been held to be had and I do not think, Mr. The lower appellate Court has been impressed with this aspect of the matter in my opinion, rightly. The termination of the Plaintiff's agency in the circumstances, has rightly been held to be had and I do not think, Mr. Basu's submission that the reversal of the decree of the trial Court was improper has no merit. The appeal fails and is dismissed. There will be no order for costs in this Court. Final Result : Dismissed