UNION OF INDIA UOI Vs. PAPPU DATTER SARMA

JUDGEMENT

(1.) This appeal is filed by Union of India under Clause 15 of the Letters Patent against the judgment of our learned brother, Manohar Pershad, J., dismissing A. S. No. 340 of 1953.

(2.) The material facts may be briefly set out. One Lakshminarasimha Sarma, an employee in the Subordinate Judges Court, Amalapuram, East Goda-vari District, effected postal life insurance policy for Rs. 4000.00 on 3-4-1939 and assigned the same on an endorsement in favour of two of his sons and the said assignment was registered in the office of the Post Master General, Madras on 9-8-1947. The said Lakshminarasirnha Sarma who was in need of money for educating his children, wanted to surrender his policy and obtain the surrender value under a letter dated 8-7-1948.The Post-Master-General informed him that without a re-assignment of the policy in his favour, he could not apply for the surrender value. Thereupon the assured got a re-assignment effected on 31-7-1948 and it was registered in the office of the Post-Master General on 24-8-1948. This fact was communicated by the insurant by a letter dated 25-8-1948. The insurant died on 13-9-1949 without receiving the surrender value- of the policy.

(3.) Thereafter, his sons demanded the full amount of the policy, namely Rs. 4,000.00 with interest thereon amounting to Rs. 1,364-15-6. The Department replied that the sons of the assured could only claim the surrender value and not the whole amount due under the insurance policy on the plea that their father had already surrendered the policy.