LAWS(MAD)-2010-7-477

G LAKSHMI Vs. LIFE INSURANCE CORPORATION

Decided On July 26, 2010
G. LAKSHMI AND ANOTHER Appellant
V/S
LIFE INSURANCE CORPORATION Respondents

JUDGEMENT

(1.) THE first petitioner's husband Tr.V.Gopalakrishnan took insurance policy bearing No.717522256 dated 20.03.2006 for a sum of Rs.1,00,000/-.

(2.) THE first petitioner got married to the said Gopalakrishnan on 28.08.2006. Due to the wedlock, the second petitioner was born. THE first petitioner's husband met with an accident on 13.09.2008, and succumbed to injury. At the time of taking policy, marriage did not take place and hence the second respondent, the mother of the husband was shown as a nominee. Now the LIC has not disbursed 2/3 assured amount to the petitioners on the ground that the nomination is in favour of the second respondent. THE first petitioner made a representation dated 18.07.2009, requesting the first respondent to disburse 2/3 assured amount to the petitioners. Later on, the petitioners issued a lawyer notice dated 20.05.2009 demanding 2/3 of the assured amount. Since the first respondent did not pay the amount as demanded, the petitioners have filed this present Writ Petition praying for direction to the first respondent, to pay them 2/3 of the assured amount.

(3.) IN these circumstances, the writ petition is disposed of with a direction to the petitioners to approach the first respondent with all the necessary documents such us, original LIC policy, Death Certificate etc., and to submit the same along with the application claiming the assured amount in Policy No.717522256 dated 20.03.2006 taken in the name of Mr.Gopalakrishnan and the first respondent is directed to pay 2/3 assured amount to the petitioners and 1/3 amount to the second respondent within a period of three weeks thereafter. The writ petition is disposed of with the above directions.