MEERA BAI Vs. RAMESH GURU

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment and decree dated 30.10.2002 passed by the First Additional District Judge, Sagar in Civil Suit No. 30-A of 2002 whereby her suit for declaration and injunction was dismissed.

(2.) The facts of the case in short are that the appellant has filed a civil suit before the District Court, Sagar that she was widow of one Santosh Guru, who expired in an electrical accident on 14.6.1999 whereas, he was working as Line Helper in MPEB. After his death a sum of Rs. 2,80,000/- was due in three insurance policies of salary saving scheme. The respondents were the nominees of the deceased Santosh Guru and they were entrusted to receive the Insurance amount from the department and therefore, a suit for declaration and injunction was filed that it be declared that being a widow of Santosh Guru the appellant was entitled to get a sum of Rs. 2,80,000/- and a perpetual injunction was sought that the respondents be prohibited to get the said sum.

(3.) The respondents in their written statement denied the claim of the appellant. They denied that the appellant was married to their brother Santosh Guru. After death of the deceased the department gave the remaining salary of 14 days of the deceased Santosh Guru and funeral expenses of Rs. 1500/- to the respondents. Initially a talk took place between the father of the appellant relating to marriage of deceased Santosh Guru but, after arrangement of engagement ceremony, marriage could not take place because the appellant was already married with one Jamna Prasad Chaturvedi and had a female child. Consequently, it was prayed that the suit filed by the appellant may be dismissed.