SATYABHAMA BEHERA Vs. DIVISIONAL MANAGER LIFE

JUDGEMENT

(1.) THE short question that arises for consideration in this writ petition is whether a non -nominee can claim any share in the insured amount vis -a -vis a nominee mentioned in the insurance policy.

(2.) THE petitioner has filed this writ petition seeking for a direction the authorities of the Life Insurance Corporation of India (opposite parties 1 and 2) to settle the L.I.C. claim of her deceased son -Soumendra Kumar Behera in her favour and her daughter -in -law (Opposite party No. 3) -widow of the deceased -Soumendra.

(3.) WHEN this case was called for hearing on 5.3.2002, Shri S.P. Mishra, learned counsel for the L.I.C., brought to our notice that opposite party No. 3 has filed a petition Under Section 372 of the Indian Succession Act, 1925 in the Court of the Civil Judge (Senior Division), Bhadrak (Succession Misc, Case No. 8 of 1999) in respect of the insurance policy in question praying that the certificate may be granted to her and the opposite party No. 2 therein (writ petitioner). We accordingly called for the records from the Court of the Civil Judge which are made available to us.