Disposed

Anusubha v. The Branch Manager

Madras HC27 Nov 2019WP/23631/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking payment of life insurance proceeds. The court endorsed a settlement where the mother-nominee received the full amount but agreed to remit two-thirds to the petitioner (wife). The court set a deadline for compliance reports.

What did the court decide?

The writ petition is disposed. The respondents are directed to make payments as per the compromise terms by 31.03.2020, failing which the matter shall be listed for necessary orders.

Anusubha Vs The Branch Manager — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.11.2019

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CORAM

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.NO.23631 OF 2019

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Anusubha ... Petitioner

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-vs-

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The Branch Manager, Life Insurance Corporation of India, Jeevan Jyothi, P B Nox N. 6, 12/5 Arumugham Nagar, Coimbatore Road, Pollachi, Coimbatore District. 2. The Manager (CRM), Life Insurance Corporation of India, Divisional Office, India Life building, P.B. No. 3810, Trichy Road, Coimbatore 641 018. 3. The Insurance Ombudsman, Fatima Akthar Court, 4^th Floor, 453 (Old No. 312), Tynampet, Anna Salai, Chennai 600 018. 4. Vasundra Devi ... Respondents Prayer:-

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents herein to disburse the Insurance Policy amount covered under Policy No. 767567127 standing in the name of Petitioner's husband namely Niranjankumar to the Petitioner on the basis of the Petitioner's legal notice dated 23.07.2019.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Ms.R.Radha Pandian

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For Respondents : Mr.D.Muthukumar (for R1 & R2)

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No appearance (for R3)

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Mr.S.Parthasarathy (for R4)

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O R D E R

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Heard Ms. R. Radha Pandian, Learned Counsel for the Petitioner, Mr. D. Muthukumar, Learned Counsel for the First and Second Respondents and Mr. S. Parthasarathy, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from perusing the pleadings of the parties.

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The husband of the Petitioner, viz., Niranjankumar had taken out a Life Insurance Policy in Policy No. 767567127 with the First Respondent nominating the Fourth Respondent, who is his mother, as nominee for the said policy. The said Niranjankumar died on 30.04.2019. The Petitioner has sought for her share in the said proceeds of the Insurance Policy by issuing legal notice dated 23.07.2019 and as the same was not paid, this Writ Petition has been filed for the same.

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After the filing of this Writ Petition, a settlement has been arrived between the Petitioner and Fourth Respondent, in which it has been agreed that the Fourth Respondent as nominee, would receive the entire amount due under the policy from the First and Second Respondents, and after retaining onethird of that amount towards her share as mother of the deceased, the balance two-thirds share would be paid to the Petitioner who would, in turn, invest the one-third share of the minor child of the deceased as her guardian in an interest fetching fixed deposit in any Nationalized Bank in the place where she is presently residing till the child attains the age of majority. A joint memo of compromise has been filed by the Petitioner and the Fourth Respondent to that effect, which is placed on record.

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The First and Second Respondents shall act in accordance with the aforesaid terms by making payment to the Fourth Respondent. The parties shall file reports of compliance of their respective obligations that they have undertaken with supporting documents as per the aforesaid terms before the Registrar (Judicial) of this Court by 31.03.2020.

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https://hcservices.ecourts.gov.in/hcservices/

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Accordingly, the Writ Petition is disposed. No costs.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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gsa/vjt

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Note: (i) If compliance report is not filed by 31.03.2020, the matter shall be listed before Court for necessary orders.

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The Branch Manager, Life Insurance Corporation of India, Jeevan Jyothi, P B Nox N. 6, 12/5 Arumugham Nagar,

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Coimbatore Road, Pollachi, Coimbatore District.

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The Manager (CRM),

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Life Insurance Corporation of India,

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Divisional Office, India Life building, P.B.No.3810, Trichy Road, Coimbatore 641 018.

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The Insurance Ombudsman,

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Fatima Akthar Court, 4^th Floor, 453 (Old No. 312), Tynampet, Anna Salai, Chennai 600 018.

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Copy to

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The Registrar (Judicial), Madras High Court,Chennai - 600 104.

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+1cc to Mr.D.Muthukumar, Advocate, S.R.No.100103 +1cc to Ms.R.Radha Pandian, Advocate, S.R.No.99076 +1cc to Mr.S.Parthasarathy, Advocate, S.R.No.98794

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W.P.No.23631 of 2019

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MG(CO) CS/13/01/2020

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https://hcservices.ecourts.gov.in/hcservices/

Anusubha v. The Branch Manager

Case brief

What is this about?

What did the court decide?

Anusubha v. The Branch Manager

Case brief

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