VIMLA NANDA Vs. GOVT PF NCT OF DELHI

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 23.1 .1996 passed by the learned Civil Judge, rejecting the appellant's claim for issuance of a Succession Certificate in respect of the benefits under the Croup Insurance Personal Accident Policy, covered by the Citi Bank Diners Club and the Citi Bank Visa Card. The learned Civil Judge held that the amount claimed was neither a'debf nor 'security' and, hence. Succession Certificate could not be granted.

(2.) Appellant's husband, late Shri Sudesh Kumar Nanda.was the holder of two Credit Cards issued by the Citi Bank, N.A., viz. Citi Bank Diners Club Card and Citi Bank Visa Card, bearing Nos. 36559061904002 and 4568229037298008 respectively. Citi Bank had takena Group Insurance Policy, for the benefit of its members holding the Diners Club Card and the Visa Card, with the New India Assurance Co. Ltd. The subscription paid by the members included the proportionate premium for the Group Insurance Policy, payable to New India Assurance Co. Ltd. Under the Group Life Insurance Policy, Diner Club Card members and Visa Card members were insured against loss of life in an accident for Rs. 5 lakhs and Rs. 2 lakhs respectively. The two policies being independent of each other and the insurance cover being available for 24 hours a day throughout the year in India and abroad.

(3.) Unfortunately, the husband of the appellant, Mr. Sudesh Kumar Nanda is said to have been murdered while on duty in office. Appellant demanded from the New India Assurance Co. the sum of Rs. 7 lakhs payable under the said policies. The Insurance Company called upon the appellant to send the original death certificate, post-mortem report, FIR and claim form, duly completed, as well as the Succession Certificate issued by the Competent Court. Correspondence was entered into with the Insurance Company, who insisted upon the Succession Certificate, leading to the appellant moving an application for grant of the said Succession Certificate.