Claim of the nominee respondent was repudiated by the petitioner on the ground of suppression of facts.  Insured had taken the policy on 20.10.2000 and died on 28.4.2003 after 2½ years of the taking of the policy.  Section 45 of the Insurance Act provides that after lapse of 2 years, a policy cannot be repudiated only on the ground that inaccurate or false statement was made in the proposal form.  Claim can be repudiated only if the insurer shows that suppressed facts were material and inaccurate or false statement was made fraudulently which the policyholder knew at the time of making it.  Fraud has to be alleged and proved.  In the present case, the petitioner neither alleged the fraud nor proved the same.  State Commission has held that under the circumstances the petitioner was liable to honour its commitment and pay the insured amount. 

We agree with the view taken by the State Commission.  Dismissed.