SMTI LABANYA SAIKIA Vs. JULIA SAIKIA

JUDGEMENT

(1.) Heard Mr. TJ Mahanta, learned counsel for the appellant.

(2.) Late Pranab Jyoti Saikia, who was serving in the Athabari Tea Estate, District Golaghat dial on 5.1.99 leaving behind his wife Julia Saikia @ Julie Saikia, a minor son Biplav Saikia (aged about 5 years) and mother Smti Labayana Saikia. The deceased had an insurance policy with the Life Insurance Corporation of India and a sum of Rupees six lakhs was payable to the legal heirs of the deceased under the said policy. The wife Julie Saikia was the nominee.

(3.) The wife of the deceased Smti Julie Saikia had filed Misc (Succession) Case No. 34 of 2002 before the District Judge, Golaghat whereas the mother of the deceased Smti Labayana Saikia had also filed another Misc (Succession) Case No. 30 of 2002 before the said Court. Both the cases were taken up together and disposed of by a common judgment dated 12.6.2002, which has been impugned in the present appeal.