SAROJ Vs. MURTI DEVI

JUDGEMENT

(1.) THE contest here is between the widow and the mother of an Army Sepoy Mahinder Singh, with regard to the amount that became payable consequent upon his death under the Army Group Insurance Scheme.

(2.) ON the death of Mahinder Singh on April, 29, 1982, a sura of Rs. 50,000/ - become payable to his heirs under the Army Group Insurance Scheme. An application was filed for the grant of a Succession Certificate in respect of this amount, by his parents-Smt. Sharjoo and Munshi Ram. This application was contested by Murti Devi, the widow of the deceased on the plea that being the nominee of the deceased, she alone was entitled to receive the said sum. The trial Court held that both the widow and the mother being Class-I heirs under the Hindu Succession Act, were entitled to the said sum in equal shares. On appeal, however, the widow succeeded and it was held that she was entitled to the entire amount. This is what constitutes the challenge in revision now.

(3.) IN dealing with this matter, regard must be had to the terms and conditions of the Army Group Insurance Scheme. A reference to the Special Army Order in this behalf, shows that this Insurance Scheme was introduced in January 1976 under the authority of the Govt. of India, Ministry of Defence No. PCA/37586/ag/pc and JEC/9302/d (Pay/ Services) dated December 15, 1975. It has been specifically pointed out there that the Scheme is totally departmental and is run by the Army Group Insurance Directorate at Army Headquarters. The main objects of the scheme being; (a) to provide speedy financial assistance to the families of those Army Personal who may die while in service; (b) to provide lump sum terminal benefit at the time of retirement; and, (c) to provide other benefits/assistance as may be decided by the Board to trustees from time to time.