Case Brief - The Light of Asia Insurance Co. Ltd. v. Bai Chanchal

The Light of Asia Insurance Co. Ltd. v. Bai Chanchal, 1932 SCC OnLine Bom 76

Facts :

The plaintiff’s husband who resided in Ahmedabad was insured with the defendant company who carry on business in Calcutta. Admittedly the premia were payable in Calcutta. The plaintiff’s husband died in Ahmedabad. The widow sued the company in the Court at Ahmedabad. The company pleaded that the Court had no jurisdiction, but this point was decided against them in the first Court and in appeal. The Company made this second appeal.

 

Issue :

·      The only point in this case is one of jurisdiction.

 

Ratio :

·      That in the case of a suit against an Insurance Company to recover the amount of a life insurance policy the death of the assured is a part of the cause of action, because there can be no claim unless the death had taken place.

 

Contention :

·      Learned counsel for the appellant argued that death is only preliminary to the cause of action, the cause of action being the refusal to pay.

 

Decision :

·      The appeal is dismissed.