In an insurance-related writ petition, the Patna High Court directed the life insurance authorities to settle the claim of the deceased's wife, asserting her entitlement as a Class I heir, and ordered payment within two months.
The death claim payment of Rs. 1,00,000/- along with bonus and interest to be paid to the petitioner within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11363 of 2008
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Sudha Tiwary, wife of late Shashi Bushan Tiwary, D/o Sri Yogendra Pandey, resident of Mohalla Sri Krishna Nagar Tiwari Sadan Chakaram Chowk Patna at present Malviya Nagar, Sareya Ward No.5, P.S. Gopalganj, District Gopalganj
.... .... Petitioner/s Versus 1. The Life Insurance of India, through the Branch Manager, Branch No. 490, Jeevandeep Building, Exhibition Road, Patna-1 2. The Life Insurance of India, through the Divisional Manager, Frazer Road, Patna 3. Vinayak Tiwary, son of Sri Akhileshwar Tiwari, resident of Mohalla Sri Krishna Nagar, Tiwari Sadan Chakaram Chowk, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad, Adv. For the Respondent/s : Mr. Rajeev Ranjan Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
7 08-07-2014 Heard learned counsel for the parties.
The prayer of the petitioner in this writ application reads
as follows:
“Commanding the respondents to restrain the respondent no.3 to pay the death claim amount of late Shashi Bhushan Tiwary and further directed to pay the assured sum of Rs.1,00,000/- (one Lakh) alongwith bonus and other benefits with up-to-date interest to the petitioner occurred in connection with policy No. 511636970 standing in the name of her husband late Shashi Bhushan Tiwary being the legally wedded wife of the deceased.” Having regard to the nature of aforementioned prayer this
Court had issued notice to respondent no.3, the brother of the husband of the petitioner, the policy holder, who had before his
Patna High Court CWJC No.11363 of 2008 (7) dt.08-07-2014
2
marriage with the petitioner, had nominated respondent no.3, his brother as nominee in respect of life insurance policy for a sum of Rs.1 lac. The case of the petitioner is that after marriage she being Class I heir upon death of her husband will be entitled for receipt of the entire amount payable by the L.I.C. of India in respect of the policy taken by her husband.
In that view of the matter, this Court would direct the authorities of Life Insurance Corporation of India to settle the claim of the petitioner within a period of one month from today so that the actual payment after execution of indemnity bond by the petitioner is made in another one month. The whole exercise, therefore, must be completed by the L.I.C. of India within a period of two months from the date of receipt of this order.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J)
surendra/-
U
1 issue framed by the court
Whether a legally wedded wife is entitled to the insurance claim amount as a Class I heir when the brother is the nominee.
Sudha Tiwary
The Life Insurance of India
Vinayak Tiwary
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
