K.SHYAMALA Vs. L.I.C OF INDIA

JUDGEMENT

(1.) Petitioner is the mother of one Sri. Manoj Kakkante. Sri. Manoj Kakkante was working in Merchant Navy since 2002 under a company by name M/s. Northern Marine Management (India) Private Limited, Mumbai. Based on a contract entered into with M/s. Northern Marine Management, Scotland through the aforesaid Indian company, he was employed as Mess man to serve on board the vessal, 'M.T. Stena Contest' under Bermuda flag.

(2.) According to the petitioner, while the ship was sailing from Wilhelmshaven(Germany) to Charlleston(U.S.A.), Manoj Kakkante fell into the high seas from the ship on 09-06-2006. Petitioner states that Ext.P1 is the death certificate of her son issued by the Bermuda Government. It would appear that, based on the representation made by the petitioner through the Member of Parliament representing her constituency, the Government of India had the circumstances leading to the death of Sri. Manoj Kakkante looked into. Thereafter, the then Minister for Shipping and Transport replied to the M.P. concerned, by Ext.P2 letter, the relevant portion of which reads as under:-

(3.) Sri. Manoj Kakkante has subscribed a life insurance policy with the respondents for Rs. 10 lakhs and the petitioner herein was the nominee. On the basis that the policy holder died in the high seas, petitioner lodged a claim. This was replied by the Life Insurance Corporation of India by Ext. P3 letter, requiring the petitioner to produce either a proper and indisputable proof of death or a decree of the court that the assured is presumed to be dead. Petitioner was also advised that until then the policy should be kept alive by paying the required amount of premium. Petitioner states that, in reply to Ext.P3, petitioner produced Ext.P1 and that after receipt of the reply, LIC issued Ext.P4 letter, requiring the petitioner to produce the original policy, deed of assignment, if any, and the details of compensation received from the shipping authorities. Petitioner submits that those details were submitted but, even thereafter, LIC issued Ext.P5, calling upon the petitioner to produce proof of death - court decree on presumption of death.