Court : Orissa
Decided on : Apr-12-2002
Reported in : 94(2002)CLT247
R.K. Patra, J. 1. The short question that arises for consideration in this writ petition is whether a non-nominee can claim any share in the insured amount vis-a-vis a nominee mentioned in the insurance policy.2. The petitioner has filed this writ petition seeking for a direction the authorities of the Life Insurance Corporation of India (opposite parties 1 and 2) to settle the L.I.C. claim of her deceased son-Soumendra Kumar Behera in her favour and her daughter-in-law (Opposite party No. 3)-widow of the deceased-Soumendra.3. The petitioner's case is that her son-Soumendra while working as Assistant Teacher opened a L.I.C. policy bearing number 581307998 on 20.12.1994 underthe monthly salary savings scheme. In the policy, the petitioner was declared to a nominee under Section 39 of the Insurance Act, 1938 (Annexure-1). The petitioner's son-Soumendra married to opposite party No. 3 in the year 1996 and both of them were leading a happy conjugal life as husband and wife till his death w...
Tag this Judgment!Court : Orissa
Decided on : Jun-19-2002
Reported in : AIR2003Ori1; 94(2002)CLT379
Pradip Mohanty, J. 1. The petitioners have filed this revision challenging the order dated 10.9.2001 passed by the learned Additional District Judge, Anguf, in Misc. Appeal No. 8 of 2001, setting aside the order dated 1.3.2001 of the learned Civil Judge (Sr. Divn.), Athamallik, in Succession Misc. Case No. 1 of 2000 and also remanding the case to the trial Court for determination as to whether the petitioner-wife alone in the Court below is entitled to get the succession certificate. 2. Shorn of unnecessary details, the brief facts of the case are as follows : The two petitioners in the present civil revision are the son and daughter and the opposite party is the wife of Late Srinibas Pradhan respectively for grant of a succession certificate. The opposite party filed an application under Section 372 of the Indian Succession Act (hereinafter referred to as 'the Act') before the learned Civil Judge (Sr. Divn.), Athamattik for grant of succession certificate to receive family pension, g...
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