MST HASINA KHATUN Vs. SAMSUL HAQUE AND OTHERS

JUDGEMENT

(1.) Heard Mr. N. Haque, learned counsel for the appellant as well as Mr. A. Ahmed, learned counsel for the respondents No. 1 to 6.

(2.) By this appeal under section 96 CPC, the appellant has challenged the judgment and decree dated 12.06.2017 passed by the learned Civil Judge, Barpeta in T.S. No. 37/13 by which the parties to the suit were held to be entitled to their respective shares arising in respect of death claim received under a LIC Policy, which had become payable on the death of Late Jamal Uddin.

(3.) The case of the respondents in the plaint is that the eldest son of the respondent No. 1 namely Late Jamal Uddin had died in an accident by falling from a high tree on 07.03.2012. During his life time, his life was insured for a sum of Rs. 10,00,000/- under LIC Policy No. ALA3078044 dated 26.08.2011. The appellant herein, who was the wife of the deceased-insured, was appointed as a nominee by the deceased in the said LIC Policy. Accordingly, the appellant had lodged a death claim and she was released a sum of Rs. 10,00,000/- by the LIC. Out of the said amount, a sum of Rs. 1,00,000/- was utilized for settling some debt of the deceased and for funeral expenses. The suit was filed by the respondents on the ground that they are entitled to their respective share as would devolve on them under the Mohammedan law, claiming that the appellant as a nominee was only a receiver of the death claim but she was not entitled to appropriate the entire claim amount for herself.