R. C. LAHOTI, J. ( 1 ) THE plaintiff, whose suit for recovering the amount payable under a Life Insurance Policy has been dismissed by the trial Court, has come up in appeal. ( 2 ) IT is not disputed that late Nathuram submitted proposal No. 437357 dated 29-3-73 (Ex. D/3) for his Life Insurance Policy No. 284433006 dated 1-1-74 was prepared and issued to the deceased though the exact date of communication of the Policy is not known. The amount insured was Rs. 10,000/ -. The premium instalments were payable half-yearly, in the months of March and September each year. Amounts of Rs. 329. 10 P. were paid by the deceased to the Life Insurance Corporation in respect of the premium instalments falling due in the months of March and September, 1973. Nathuram expired on 8-12-74. Plaintiff Baburam Jain is the nominee appointed by late Nathuram. ( 3 ) THE case of the plaintiff is that consequent to the death of the late Nathuram, the Life Insurance Corporation was liable to pay the amount of the Policy to the nominee which it failed to do in spite of service of a legal notice. ( 4 ) THE Life Insurance Corporation, defendants, contested the claim mainly on the ground that half-yearly premium initially fixed was Rs. 329. 10 P. ; however because of loss of teeth of the deceased the rate of premium was increased by 2% extra so as to make a total of Rs. 339. 10 P. half-yearly. Inasmuch as the premium paid by the deceased was deficit, the defendants were not bound to compensate for loss of life. ( 5 ) THE trial Court upheld the plea of the defendants and dismissed the suit. ( 6 ) THE learned counsel for the plaintiff/ appellant has submitted that in the facts and circumstances of the case the claim could not have been denied. ( 7 ) NOT much of oral evidence is required to be considered. The case mainly depends on documents. The proposal (Ex. D/3) is dated 29-3-73. All the columns are duly filled in. There is an enclosed personal statement furnishing all the relevant details relating to the insured and required by the defendants. The document entitled "confidential Report of Medical Examination" also accompanied the proposal, filled in by Dr. S. L. Sharma appointed by the Corporation. The proposal (Ex. D/3) is dated 29-3-73. All the columns are duly filled in. There is an enclosed personal statement furnishing all the relevant details relating to the insured and required by the defendants. The document entitled "confidential Report of Medical Examination" also accompanied the proposal, filled in by Dr. S. L. Sharma appointed by the Corporation. Column No. 4 indicates that the Doctor appointed by the Corporation examined the teeth, gums etc. of the insured and found that all teeth were extracted- except the last molar on right side and first pre-molar on left side. It is not the cash of the defendants that any material fact was concealed by the insured. The Agent and Development Officer of the Corporation having examined the proposal along with the medical report as provided by the Corporation's Doctor fixed the premium at Rupees 329. 10 P. (half-yearly instalment ). The first preium was paid on 31-3-1973 and accepted by the Corporation. Another premiumnotice was issued demanding Rs. 329. 10 P. and paid to and accepted by the Corporation on 26-9-73 vide Ex. P/3. It is not in controversy that the premium amount payable in respect of the instalment due in March, 1974 was also paid. An amount of Rs. 329. 10 P. was paid on 27th/ 31st October, 1974 agaist the instalment payable in September, 1974. The receipt issued (Ex. P/6) mentions that Rs. 329. 10 P. was accepted by the Corporation but a balance of Rs. 10/- was required further. It was open to the Corporation to have refused to accept the payment of premium instalment if it was deficit, but the amount of Rs. 329. 10 P. was accepted and the insured was accommodated by allowing him time to make the deficiency good. This suggests that Corporation intended to keep the Policy alive in spite of deficiency in the amount of premium instalment paid. 7a. On behalf of the defendant Corporation, a copy of letter dated 27-7-73 said to have been issued to the insured Nathuram has been filed showing that the premium relating to Nathuram should have been Rs. 339. 10 P. and not Rs. 329. 10 P. and as such an additional amount of Rs. 10/- was required. There is no proof that this letter was actually delivered to or received by Nathuram. A letter (Ex. 339. 10 P. and not Rs. 329. 10 P. and as such an additional amount of Rs. 10/- was required. There is no proof that this letter was actually delivered to or received by Nathuram. A letter (Ex. D/4) purpoting to have been written by late Nathuram has been exhibited by the Corporation, but it does not indicate the date on which it was written, nor any evidence has been adduced to show that it was in the hand of Nathuram. Copy of letter dated 22-9-73 (Ex. D/ 5) is an internal letter of the Corporation indicating that as against the first instalment of premium and adjustment of Rs. 10/- was made from some amount of Nathuram in deposit with the Corporation. ( 8 ) THE documents filed by both the parties indicate that initially the amount of premium fixed was Rs. 329. 10 P. which was also paid and unconditionally accepted by the Corporation. The proposal having been accepted by unconditional acceptance of the premium amount, a concluded contract resulted between the parties. Merely because on the basis of information already furnished by the insured, the Corporation was included to enhance the amount of premium marginally, would not mean that the contract was either cancelled or rescinded. In the facts of the case the Corporation could not have rescinded the contract ex parte. The fact that the policy prepared on 1-1-74 (the dates of despatch of the policy and its receipt by the insured not being on record) mentions the premium amount at Rs. 339. 10 P. does not also mean that deficit of Rs. 10/- in the instalment of premium had the effect off vitiating the Policy. On the contrary the conduct of the Corporation in unconditionally accepting the premium instalment though deficit by Rs. 10/- each and in issuing the Policy though the preceding instalments were not paid at the rate of Rs. 339. 10 P. indicates that full payment of premium instalments at the rate of Rs. 339. 10 P. , was not a precondition to the validity of the insurance contract. ( 9 ) IN Roberts v. Security Company, Limited, (1987) 1 QB 111 policy was issued without prepayment of premium. The Policy erroneously mentioned that the preium had been paid. The loss occurred. 339. 10 P. , was not a precondition to the validity of the insurance contract. ( 9 ) IN Roberts v. Security Company, Limited, (1987) 1 QB 111 policy was issued without prepayment of premium. The Policy erroneously mentioned that the preium had been paid. The loss occurred. It was held that the Policy constituted a completed contract of Insurance and that by the recitals therein, the defendants had waived the condition for prepayment of premium. ( 10 ) IN re: An agreement between the Universal Life Assurance Society and M. C. Sterndale, (1985) ILR 23 Cal 320 there was a rupee policy converted into a policy of sterling value. The converted policy was issued and redelivered to the assured without any demand for prepayment of the first sterling premium. Before the first sterling premium could be paid, the assured died. It was held that prepayment of the sterling premium as a condition precedent to the right to the sterling assurance had been waived and the payment of full amount of the sterling policy could not be avoided. ( 11 ) IN the present case also the conduct of the parties indicates that a completed contract by the Corporation undertaking to cover the risk although an amount of Rs. 329. 10 p. only was paid by way of each premium instalment had come into existence and the Corporation never insisted on the payment of deficit amount of Rs. 10/- per instalment as a condition precedent to the efficacy of the contract. As already noticed there was no fraud or concealment on the part of the insured. It is not the case of the Corporation that there was any breach of uberrima fides on the part of the insured. It is a case where the insurer having been fully posted with all the material facts and the relevant information accepted the payment of premium fixed by it unconditionally and on giving a second thought they chose to make a marginal increase in the amount of premium instalment. It was open to the Corporation to have informed the insured that the policy would not be valid or that it would not be bound to cover the risk unless and until the deficiency was made good. It could also have recalled the policy and redelivered it only on the payment of the balance premium. Nothing such was done. It was open to the Corporation to have informed the insured that the policy would not be valid or that it would not be bound to cover the risk unless and until the deficiency was made good. It could also have recalled the policy and redelivered it only on the payment of the balance premium. Nothing such was done. In such circumstances, the Corporation cannot be permitted to wriggle out of its obligations under the policy. ( 12 ) THE appeal is allowed. In supersession of the judgment and decree of the trial Court, it is directed that the suit of the plaintiff shall stand decreed for an amount of Rs. 10,000/- being the amount of risk covered under the policy. The Corporation shall be entitled to deduct and adjust any amount underpaid by the insured toward premium instalments. The plaintiff shall also be entitled to any bonus earned on the policy. The policy amount shall be payable with interest at the rate of 6 per cent per annum from the date of the suit (i. e. 5-12-77) till realisation. The plaintiff/appellant shall be entitled the costs throughout. Counsel fee as per schedule, if certified. Appeal allowed. .