NASHVILLE GONSALVES Vs. LAURA BRAGANZA E FERNANDES

JUDGEMENT

(1.) Rule, made returnable forthwith. Learned Counsel for the Respondents waives service. Heard finally by consent of the parties.

(2.) By this Petition, the Petitioners are challenging the Order dated 28.07.2015 passed by the learned Senior Civil Judge, at Margao, in Regular Civil Suit no. 70/2014/F by which, the application exhibit 24 filed by the Petitioners for rejection of the plaint has been dismissed with costs of Rs.500/-.

(3.) Danzil Fernandes, died on 07.06.2013 leaving behind the Petitioners/Plaintiffs who are respectively the widow and the daughter of the deceased and the first Respondent/original Defendant no. 1, who is the mother of the deceased as heirs. The deceased had taken out an insurance policy from the second Respondent in which the first Respondent was a nominee. The first Respondent is said to have received an amount of Rs.3,12,642/- and Rs.76,201/- from the second Respondent. The Petitioners filed the aforesaid suit seeking recovery of the said amount along with interest. In that suit, the first Respondent filed a counter claim stating that the deceased was suffering from cancer and was looked after by the first Respondent. It was contended that the first Respondent had incurred amount in excess of Rs.15,00,000/- on the treatment, of the deceased, part of which amount was withdrawn by the first Respondent from her Bank account and the rest was raised from her relatives including her son in law. It was contended that the Petitioners who are stalling a claim to the insurance proceeds are also liable to share amount extended on the treatment of the deceased. In such circumstances, by way of counter claim, the first Respondent had sought a Decree against the Petitioners in the sum of Rs,15,62,000/-.