CHANNEGOWDA Vs. MALLINATH

JUDGEMENT

(1.) The plaintiff and the defendant made competing claims to the sum of Rs. 1,319 due under an insurance policy issued to a certain Rudramma by the Mysore Government, Insurance Department. Rudramma died on February 27, 1955. During her lifetime she had made a nomination in favour of her son-in-law who is the defendant.

(2.) On JUne 21, 1948,. she addressed a letter to the insurer to the 4effect that the nomination in favour of her son-in-law had been cancelled and that the insured should direct the son-in-law who was detaining the insurance policy with him to deliver it to her. Exhibit D-6 was the reply sent by the insurer to Rudramma by which she was informed that cancellation of the nomination in favour of the son-in-law had been recorded in the books of the insurer and that Rudramma might take necessary action to recover the policy from her son-in-law and produce it for endorsement of cancellation. She was also informed that the nomination in favour of her co-wife's son's son could be got duly registered.

(3.) Meanwhile by exhibit P-5 the insurance department had sent a nomination form to Rudramma so that she could make a proper nomination in favour of her co-wife's grandson.