WELCOME

NAME: Rahul Krishna Reddy P.

ROLL NO.: 2018LLB071
SEMESTER: 5TH
FACULTY NAME: Dr. Nandhini
C.P
TOPIC: Proof of Death in
Insurance Cases with Special
Reference to Life Insurance
LITERATURE
• A.S.H Bristow. “Life Insurance.” Counterpoints, vol. 485, 2017, pp. 77–77. JSTOR,
www.jstor.org/stable/45136207. Accessed 15 Jan. 2021.
• Land, Thomas. “Life Insurance and Stipulations in Policies” Ambit, no. 210, 2012,
pp. 82–82. JSTOR, www.jstor.org/stable/44345100. Accessed 15 Jan. 2021.
• Proof of life and death: http://ecoi.co.in/LIC/deathclaim/DeathClaim-Book2.pdf
• Bolton, Bryan D., and William T. Schemmel. “TORT TRIAL AND INSURANCE
PRACTICE: LIFE INSURANCE LAPSE: POLICIES, PRACTICES, AND
PROCEDURES.” GPSolo, vol. 33, no. 1, 2016, pp. 74–75. JSTOR,
www.jstor.org/stable/44736865. Accessed 15 Jan. 2021.
• Lawson, J. Best evidence to prove death when death is disputed.
PURPOSE
The main objectives of the study is to understand the concept of proof of death
in the insurances cases, especially life insurance cases in relation to the Indian
Evidence Act, 1872. Scope of the The scope of the study is limited to
understanding the concept of proof of death in the insurance cases with a
special reference to life insurance and provide relevant Landmark Case Laws and
Legal provisions accordingly.
LIFE INSURANCE
An insurance upon the life of an individual is a contract by which the insurer,
for a certain sum of money or premium, proportionate to the age, health,
profession, or other circumstances of the person whose life is insured, engages
that if such person shall die within the period limited in the policy, the insurer
shall pay the sum specified in the policy, according to the terms thereof, to the
person in whose such policy is granted. The burden of proving the breach of
the terms of the insurance policy lies on the insurance company." The
principles regulating the burden of proof, as between the insurer and insured,
in claims arising under law on the foot of which evidence has to be adduced
and the shifting of the burden. The contract of insurance imposes a duty and
an obligation on the assured to make a full disclosure of all material facts which
would affect the mind of the insurer whether to accept the risk or not and on
what terms. The duty is to disclose material facts only. In order to establish the
defence of the concealment, the insurer must prove:
(i) that the facts alleged to have been concealed by the assured were true;
(ii) that they were material facts; and
(iii) that they were within the special knowledge of the assured. Burden of
proving all these facts is on the insurer.
PRESUMPTION OF CONTINUANCE OF LIFE
The principle of s 107 is that when once a state of things is shown to exist, there js in
law a presumption of its continuance for a period for which such state of strings
ordinarily lasts. This section is merely a deduction from this presumption. If a person
is shown to have been alive within 30 years of the date on which the question
whether he is alive or dead arises, there is a presumption of his being alive, and the
burden of proving that he is dead lies on him who asserts that he is dead.
BURDEN OF PROOF OF THE DEATH
The relevant point of time at which the presumption under s 108 is available when the
factum of the death of the person concerned becomes a fact-in-issue is a material
circumstance. Indeed, s 107 and 108, both deal with the procedure to be followed when
a question is raised as to whether a person is alive or dead. They do not lay down any
presumption as to how long a man was alive or at what time he dies. There is no
presumption that a person who has not been heard of for a period of not less than
seven years died at the end of first seven years or on any particular date.
BURDEN TO PROVE DEATH ON ONE WHO MAKES ASSERTION
If an issue may arise as to the date or time of death the same shall have to be
determined on evidence-direct or circumstantial and not by assumption or
presumption, The burden of proof would lie on the person who makes assertion of
death having taken place at a given date or time in order to succeed in his claim.
CASES
• LIC of India v. Anuradha (2004) 10 SCC 131
Topic: A common question of law centering around Sections 107 and 108 of the IEA act

• Smt. Bhanumati Dayaram Mhatre v. Life Insurance Corporation of India AIR

2008 Bom 196
Topic : section 108 of IEA that there is no presumption so as to exact time of death

• Darshan Singh v. Gujjar Singh (Dead) By Lrs. (2002) 2 SCC 62

Topic : section 108 of IEA that there is no presumption so as to exact time of death

• Lal Chand Marwari v. Mahant Rampur Gir AIR 1926 PC 9

Topic: section 108 – presumption of date of death

• In re PHENÉ'S TRUSTS. (1870) 5 Ch APP 139

Topic: presumption to evidence of death
THANKYOU